Consultation
Immigration Act Review
PART 4A REPORT BACK
Figure 1: Comparison between Part 4A process and new legislation
Figure one outlines the differences between Part 4a of the 1987 Act and the proposed new legislation to highlight the change if Part 4a was to be repealed.
Part 4a currently is broken into six steps. At step one, classified information (CI) relating to a non-citizen can be considered by the Director of Secutiry when issuing a security risk certificate (SRC) where there are security, terrorism or public order issues. At step two, the Minister can make a preliminary decision to rely on the SRC. At both these steps, a judicial review is available. At step three, the immigration decision-making ceases. At step four, a non-citizen can seek an Inspector-General review of the decision to use CI to make a SRC. At step five, if the SRC was deemed to be properly made, the Minister can make a final decision whether to rely on the SRC. At step six, if the SRC is relied upon, deportation proceedings can commence (considering any refugee obligations). During steps four, five and six, both an appeal and a judicial review are available.
The proposed new legislation, if Part 4a is repealed, simplifies the process into three steps. At step one, CI is availble for use in immigration and protection decision-making where it relates to national security, crimial conduct or New Zealand ’s international reputation. At step two, ordinary immigration or protection appeals enables the use and ceracity of CI to be consider. At step three, appeal on points of law and judicial review are only available after a Tribunal appeal has been decided. During these steps, a judicial review is availably only after a Tribuanal appeal and at any time, detention is available.