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Consultation

Immigration Act Review

IMMIGRATION ACT REVIEW -SUMMARY OF SUBMISSIONS

November 2006

TABLE OF CONTENTS

  1. SECTION 1: EXECUTIVE SUMMARY
    1. Introduction
    2. Section 3: Purpose and Principles
    3. Section 4: The Visa and Permit System
    4. Section 5: Decision-making
    5. Section 6: Exclusion and Expulsion
    6. Section 7: Access to Review and Appeal
    7. Section 8: The Independent Appeal Bodies
    8. Section 9: The Use of Classified Information
    9. Section 10: Compliance and Enforcement
    10. Section 11: The Use of Biometrics
    11. Section 12: Detention
    12. Section 14: New Zealand's Role as an International Citizen
    13. Section 15: Other Issues
  2. SECTION 2: INTRODUCTION
  3. SECTION 3: PURPOSE AND PRINCIPLES
    1. Overview
    2. What is the purpose of New Zealand's immigration legislation?
    3. What principles should underpin immigration legislation?
    4. What level of detail should be in the primary legislation?
    5. General comments and other issues raised by submitters
  4. SECTION 4: THE VISA AND PERMIT SYSTEM
    1. Overview
    2. Does the visa, permit and exemption framework meet current and future needs?
    3. Which of the current visa and permit exemptions should be re-examined?
    4. General comments and other issues raised by submitters
  5. SECTION 5: DECISION-MAKING
    1. Overview
    2. Who should make individual immigration decisions?
    3. In which cases should potentially prejudicial information and reasons for decisions be given to immigration applicants?
    4. What additional tools are required for effective decision-making?
    5. General comments and other issues raised by submitters
  6. SECTION 6: EXCLUSION AND EXPULSION
    1. Overview
    2. What legislative provisions are required for exclusion from entry to New Zealand?
    3. What grounds and processes for expulsion should be established in the legislation?
    4. What penalties should apply following expulsion?
    5. General comments and other issues raised by submitters
  7. SECTION 7: ACCESS TO REVIEW AND APPEAL
    1. Overview
    2. What avenues of review or appeal should there be for decisions on temporary entry or residence?
      1. What role should an independent appeal authority have in regard to appeals against residence decisions?
    3. What avenues of review of appeal should there be for expulsion decisions?
      1. What test should an independent appeal authority apply when considering an appeal against expulsion?
    4. General comments and other issues raised by submitters
  8. SECTION 8: THE INDEPENDENT APPEAL BODIES
    1. Overview
    2. How should the independent appeal bodies be structured?
    3. Which government department should service the immigration and refugee appeals bodies?
  9. SECTION 9: THE USE OF CLASSIFIED INFORMATION
    1. Overview
    2. How should classified security information be used in immigration decision-making?
    3. How should classified information, other than classified security information, be used in immigration decision-making?
    4. How should classified information (security or otherwise) be used in refugee/protection decision-making?
    5. General comments and other issues raised by submitters
  10. SECTION 10: COMPLIANCE AND ENFORCEMENT
    1. Overview
    2. What powers do immigration officers need to monitor and enforce compliance with the Immigration Act?
      1. What provision should there be for requiring organisations to provide information to assist with an immigration investigation?
      2. Should immigration and customs officers have the power to temporarily detain a person pending arrival of Police?
      3. Should immigration officers have the same powers of entry and search as Customs and Police have in the immigration context?
    3. What provisions are required to deal with the immigration status of a person who is in New Zealand unlawfully?
    4. General comments and other issues raised by submitters 2
  11. SECTION 11: THE USE OF BIOMETRICS
    1. Overview
    2. Should immigration officers be able to require, use and store certain types of biometric information, and request the voluntary provision of other types of biometric information?
  12. SECTION 12: DETENTION
    1. Overview
    2. What is the appropriate maximum period for detention without a warrant in expulsion cases?
    3. What is an appropriate review period for warrants of commitment? 2
    4. Is it ever necessary to detain a person for longer than three months while arranging their expulsion from New Zealand?
    5. Should warrants of commitment require a weekly renewal if a person is serving a prison sentence?
    6. Should detention be available for immigration purposes at the border and onshore?
    7. Should the Immigration Act give practical support to the Chief Executive's power to designate a place of immigration detention?
    8. General comments and other issues raised by submitters
  13. SECTION 13: THE ROLE OF THIRD PARTIES
    1. Overview
    2. When should a person's immigration status be known to third parties delivering a publicly-funded service?
    3. What legislative provisions are required to facilitate sponsor benefits and enforce their responsibilities?
    4. What legislative provisions are required to facilitate employer benefits and enforce their responsibilities?
    5. What legislative provisions are required to facilitate education provider benefits and enforce their responsibilities?
    6. What legislative provisions are required to facilitate carrier benefits and enforce their responsibilities?
    7. General comments and other issues raised by submitters
  14. SECTION 14: NEW ZEALAND'S ROLE AS AN INTERNATIONAL CITIZEN
    1. Overview
    2. Which of New Zealand's immigration-related international obligations should be incorporated into immigration legislation?
    3. How should refugee/protection status be determined?
      1. What legislative provisions are required for broader protection status determination?
      2. What legislative provisions are required for refugee status determination? 2
      3. What legislative provisions are required to allow robust identity and credibility verification?
      4. What legislative provisions are required to appropriately limit subsequent claims?
      5. Are legislative provisions required to expedite determination in some cases?
    4. What provisions are required for the expulsion of protected persons?
    5. Should New Zealand become a party to the 1954 Convention Relating to the Status of Stateless Persons?
    6. General comments and other issues raised by submitters
  15. SECTION 15: OTHER ISSUES
    1. Overview
    2. Comments relevant to the Immigration Act Review
    3. Comments on immigration policy
    4. Comments on service delivery
    5. Other comments
  16. APPENDIX 1: THE CONSULTATION PROCESS
  17. APPENDIX 2: ANALYSIS OF SUBMISSIONS
  18. APPENDIX 3: LIST OF SUBMITTERS
    1. Organisations
    2. Individual submitters