Minister of Immigration FUTURE-PROOFING IMMIGRATION The Immigration Change Programme and Act Review December 2006

Minister of Immigration 2 The Immigration Change Programme: Future Proofing Immigration Drivers Facilitating skills Enhancing security Promoting settlement Core Elements Act review Policy framework New business model

Minister of Immigration 3 Immigration Act Review Process: Timeline Policy Development Discussion Document Apr-Oct 2006 Cabinet Decisions – Announcing Today Legislative Drafting- Dec 06-Mar 07 House/Select Committee Process Apr-Oct 2007

Minister of Immigration 4 Facilitating SkillsEnhancing Security simpler visa system flexible decision- making tools single protection system single appeals tribunal biometric information streamlined deportation classified information third party incentives effective compliance powers responsive detention biometric information Immigration Act Review: Overview

Minister of Immigration 5 Core provisions Purpose statement – skills, security, settlement, international obligations, balancing rights of individuals and NZ Rights of New Zealand citizens protected Non-citizens must hold a visa to be in New Zealand lawfully Robust exclusion provisions

Minister of Immigration 6 Visas Visa system (change from visas, permits, exemptions) New “interim” visa for temporary entrants waiting on further visa decision Strong public support

Minister of Immigration 7 Decision-making Minister’s immigration decision-making powers remain delegable Exceptions to “Residence Instructions” also delegable Discretion to grant visa to unlawful person retained (current section 35A) Electronic decision-making enabled

Minister of Immigration 8 Protection Single determination for refugee, torture and cruel treatment obligations Serious offenders/threats identified in protection determination process, but Minister must uphold obligations Not signing 1954 Stateless Persons Convention at this stage

Minister of Immigration 9 Deportation Deportation liability: –unlawful presence in NZ –failing visa conditions –fraud / misrepresentation –criminal offending –threat / risk to national / international security Existing lawful status remains during appeals Minister/officer may cancel or suspend liability

Minister of Immigration 10 Review and appeal Single independent appeals tribunal Single right of appeal to tribunal All appeal grounds presented on lodgement: –residence decline –protection decline –deportation (facts, protection, humanitarian) Judicial review and appeals on points of law (with leave of Court) within 28 days

Minister of Immigration 11 Using classified information Classified information may be used without disclosure May be used for national / international security, criminal conduct or NZ’s international reputation only Minister or security-cleared determination officer makes initial decision Appeals to up to 3 Judges on tribunal, with special advocates, summary of information

Minister of Immigration 12 Third parties Employers /education providers must take reasonable steps to check entitlement to work /study Instant fines for carriers Information disclosure for assessing eligibility for publicly funded services

Minister of Immigration 13 Compliance and enforcement Powers to require address information to locate people liable for deportation Powers of entry, inspection and search to: –serve deportation notices –inspect employer and education provider records –locate people and documents at the border Power to require space at airports

Minister of Immigration 14 Detention Access to legal aid New alternatives to secure detention 96 hour power to detain without a warrant Courts can issue warrants up to 28 days Detention generally limited to 6 months Designated officers may detain up to 4 hours Terms of reference sought on secure immigration detention facilities

Minister of Immigration 15 Biometric information Power to require, use and store biometric information - photographs, fingerprints, and iris scans Bill will detail when and where biometric information could be required and for what purpose

Minister of Immigration 16 Next steps Dec 06 – April 07Drafting the Bill April 07Introduction of Bill to Parliament April 08Legislation passed Early 08/09Implementation of new Act