FUTURE-PROOFING IMMIGRATION The Immigration Change Programme and Act Review

1. FUTURE-PROOFING IMMIGRATIONThe Immigration Change Programme and Act Review December 2006

2. The Immigration Change Programme: Future Proofing Immigration

3. Immigration Act Review Process:Timeline Policy Development 2005-06 Discussion Document Apr-Oct 2006 Cabinet Decisions – Announcing Today Legislative Drafting- Dec 06-Mar 07 House/Select Committee Process Apr-Oct 2007

4. Immigration Act Review: Overview

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

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

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

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

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

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

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

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

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

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

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

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