General Publications
Department of Labour Annual Report 2006
Vote Immigration
Output class: Services to increase the capacity of New Zealand through immigration
Objective: Facilitating movement of people into and out of New Zealand, while protecting the integrity of the border
Managing the border requires a balance between making the entry of people with legal right to enter as fast and smooth as possible, while preventing the entry of those who have no legal right to enter. It also involves detecting and removing people without legal permits. This requires cooperation with other New Zealand Government and international agencies, and participation in regional and international security groups.
Facilitating the entry of people from low-risk groups is aided by risk assessments that identify these groups. Moving the border ‘offshore’ through use of technology and international agreements prevents the arrival of people who pose security risks and people without authentic documentation. Detection of people who attempt to enter, or who have entered, New Zealand illegally is enhanced by improved detection of fraudulent documentation and increased investigation of immigration fraud.Activities
Activities include:
- advising on border facilitation and security issues
- maintaining and continually developing border security and facilitation systems
- authenticating migrants and encouraging compliance with immigration law
- contributing to and influencing national and international security initiatives and intelligence
- expanding and strengthening our reach through information sharing alliances
- strengthening and supporting immigration services in the Pacific.
Performance information
Results measures
Performance standard
Performance to 30 June 2006
Number of migrants taking up emergency income support benefits within two years of migrants arrival. Standard: report annually.
The data for the annual data match has been received from the Ministry of Social Development and the data match is currently underway. The data match this year will cover the Emergency Benefit, Domestic Purposes Benefit, Unemployment Benefit, Independent Youth Benefit, Sickness Benefit, Invalid’s Benefit, Widow’s Benefit, Orphan’s Benefit, and Unsupported Child’s Benefit.
Reports on initiatives to manage risks in respect of border security and non-compliance with immigration requirements. Standard: report annually.
The Regional Movement Alert List was implemented in March. This allows the Advanced Passenger Processing system to detect the use of lost and stolen passports from New Zealand, Australia and the United States. Tracking is at an average of one Regional Movement Alert List call per day.
A dedicated Immigration Officer was placed in the New Zealand Customs Service Passenger Analysis Unit at Auckland International Airport and an Intelligence Officer within their Intel Cell. Their focus is to develop a profiling system to identify passengers of interest, as well as to assist in the collation and dissemination of immigration intelligence throughout the Department.
A number of New Zealand ports and airports were visited to raise the profile of the Department at the border, to establish intelligence sharing networks, and to offer support and training for other agencies working on the Department’s behalf. As part of the Marine Border Strategy, work was carried out to identify possible shortfalls in service delivery and potential risks to New Zealand.
A multi-agency mass arrival exercise, Operation Barrier, tested New Zealand’s responsiveness to the arrival of a suspected illegal entry craft, i.e. a boat of undocumented passengers. Staff and systems were tested, with the lessons learnt later implemented.
The Department provided immigration training to New Zealand Customs Service staff in Auckland and Napier. Work was also undertaken with the New Zealand Customs Service and port authorities in the arrival and immigration processing of a cruise ship. This gave staff a greater appreciation of the risks at the marine border, and enabled them to assess the ability to exchange and use the information of the various organisations.
Discussions are underway to review the process for fishing crew who arrive in New Zealand by air to join ships berthed at New Zealand ports. The intention is to ensure that crew members join their vessel as intended.
Work was also carried out with Project Sapphire, which is a Department of Prime Minister and Cabinet-sponsored working group on mitigating border risks.
Reports on initiatives to facilitate entry of persons with legal right to enter New Zealand. Standard: report annually.
A Request for Information was released in relation to the Automated Border Control System. Initial research and data gathering on similar systems in other jurisdictions is currently being carried out to assist in making an informed decision on the Request for Information. The system will be designed to identify New Zealand passport holders who travel frequently but are assessed as posing little or no risk in regard to their travel or bona fides. It will utilise biometrics to confirm the identity of the passenger travelling, to fast-track their processing.
In November 2005, Advanced Passenger Processing was extended to include airline crew, which made it mandatory for airlines to process both their inbound and outbound crew. Work was undertaken with buddy posts to identify processes to ensure that travellers who have been approved for travel to New Zealand are not declined boarding onto aircraft under Advanced Passenger Processing.
The Department worked with other public service departments on updating the arrival card that travellers complete.
Pacific outreach continued, with branches publicising New Zealand’s entry requirements and the consequences of non-compliance with visa application requirements, and providing general information on visas and permits.
Level and composition of the overstayer population and the rate of overstaying against overall arrivals. Standard: report semi-annually.
The first estimate was taken on 31 October 2005. It showed the mid point of the estimated number of overstayers was 19,800. This is not significantly different to the previous estimate in April 2005.
The rate of overstaying in comparison to the number of temporary arrivals was 0.19%.
Tuvalu (6.38%), Samoa (3.09%), Tonga (2.81%) and Kiribati (2.03%) had the highest rates of overstaying (the number of overstayers compared to temporary arrivals), although their individual rates had fallen since the April 2005 sample.
A second sample was taken on 30 April 2006, and the report will be published when completed.
Percentage reduction compared to the previous year in the number of undocumented passengers arriving in New Zealand. Standard: 10%.
During the year, 85 undocumented passengers arrived in New Zealand, 11% fewer than the 95 that arrived during 2004/05.
Percentage of new failed refugee claimants who depart or are removed during the year. Standard: 50%.
In 2005/06 117 new failed refugee claimants8 were removed or departed. This represents 89% of the 132 new failed refugee claimants identified as available for removal.
Percentage of enforcement activities conducted in accordance with critical elements of Government policy. Standard: 95%.
97.8% of enforcement activities were conducted in accordance with critical elements of Government policy. This was confirmed by a sample audit in the Border and Compliance internal quality assurance process, which is similar to the 97.4% rating for 2004/05.
Activity information
The number of investigations and removals, deportations, section 35A permits and voluntary departures. Estimate: 1,600 to 1,800.
During the year, 2,412 investigations and removals, deportations, Section 35A permits, special directions, and voluntary departures took place:
• 1,238 people were removed
• 1,008 people voluntarily departed
• 17 special directions were given in relation to granting a visa/permit
• 134 people were granted Section 35A permits
• 15 people were deported.
153 Ministerial interventions also occurred.
The following activities will be monitored:
Failed refugee claimants removed
217 failed refugee claimants9 were removed this year with a further 186 failed refugee claimants departing voluntarily.
Non-genuine refugee cancellations
The Refugee Status Branch undertook a prima facie assessment of 172 cases.
18 cases were decided, with:
• 3 decisions that the refugee status be retained
• 10 decisions where refugee status was cancelled
• 5 cases referred to the Refugee Status Appeals Authority to cancel its own grant of refugee status.
Detentions
This year, 13 people were received into the Auckland Central Remand Centre (a Corrections facility).
Open and secure accommodations
This year, 57 people were held in open and secure accommodation at the Mangere Accommodation Centre.
Community-based accommodations
This year, 40 people were released, on conditions, into community-based accommodation.
Prosecutions
254 charges were laid under the Immigration and Crimes Acts.
55 prosecutions were completed.
As at 30 June 2006, 55 prosecutions were active, i.e. open and awaiting court hearings.
Temporary and resident revocations
The following permit revocations were completed:
• 11 residence permits
• 66 visitor permits
• 398 work permits
• 229 student permits.
Compliance-related employer site visits
Staff conducted 99 employer site visits to encourage compliance with the Immigration Act 1987.
Court proceedings (cases received)
In 2005/06, 80 new cases were received and 71 cases were finalised. In comparison in 2004/05, 56 new cases were received and 47 cases were finalised.
As at 30 June 2006, there were 35 cases on hand.
Declined boarding requests under APP
This year 680 boarding requests were declined under the Advanced Passenger Processing system, fewer than the 702 boarding requests that were refused in 2004/05.
Interdiction programme
104 people were interdicted offshore, compared with five in 2004/05 and 27 in 2003/04.
Persons refused entry at border
1,455 people were refused entry at the border, greater than the 1,273 people refused entry in 2004/05.
General Publications
Department of Labour Annual Report 2006
The increase in appropriation of $7.423 million in the Supplementary Estimates was:
- for implementing a marketing and communication programme to encourage expatriate New Zealanders to return to New Zealand by keeping them in touch with what is happening in New Zealand and the employment opportunities available
- to fund the Immigration Profiling Group, which has been established to make and review immigration decisions on nationals of the most high-risk countries, for one year, to enable it to continue operation while a long-term strategy is developed
- to fund changes to develop a new selection mechanism for the Skilled Migrant Category and implement a one-off increase in the New Zealand Immigration Programme
- to fund the Pacific Immigration Directors’ Conference to enhance capability in research and the strategic direction of their work programme and to assist nine Pacific Island Conference delegates to participate at the Conference
- a fiscally neutral transfer of the allocation of corporate costs
- to reflect volume changes due to a reduction in the forecast demand for student and visitor visas, partially offset by small increases in demand in other categories. There is also a trend to shift residence processing away from Asia and into Europe (London) and New Zealand, resulting in an uneven change to revenue and cost.
Partially offset by expenditure transfers to 2006/07 as a result of delayed programmes.
The $8.187 million actual deficit in Revenue over Expenditure was primarily due to lower than expected Revenue Other which is revenue generated by immigration fees.
A decrease in the volume of temporary permits that were decided for 2005/06 contributed to the increase in the deficit from that projected in the Supplementary Estimates. Visitor decisions were 6% below forecast, student decisions were 18% below forecast and temporary entry work visa and permit decisions were 5% below forecast.
Footnotes
8 Entered into the system as failed since 1 July 2005.
9 They are not all new failed refugees as some may have been unlawfully in New Zealand since prior to 1 July 2005.