Immigration: Classified Info And 'Safeguards'

Wednesday, 8 August 2007, 3:09 pm
Article: Kevin List

Immigration: More Classified Info Plus 'World Class Safeguards'

The biggest rewrite of immigration law aims to strengthen border security and tighten the law against those who pose a threat to New Zealand's 'well being' according to the press release that announced the Bill's tabling in parliament.

Immigration Minister David Cunliffe held a short press conference this afternoon following a moments' silence for the victims of child abuse and to mark the passing of tech entrepreneur Sir Angus Tait.

Mr Cunliffe explained that as well as protecting New Zealand's borders the Bill included "world class safeguards for human rights."

The contentious security risk provision would be replaced by a new system whereby classified information from not just the Security Information Service (SIS) but also the Police and other agencies would be able to be used against prospective residents/refugees.

It was anticipated by the Minister that use of such classified information may result in two or three cases a year. Interestingly this was the same amount of cases that the infamous security risk certificate process was supposed to deal with when that legislation was proposed in the late 90s.

Those subject to having classified information used against them will get a non-classified summary of the information disclosed to them - where possible.

Appeals will be heard by a panel of up to three District Court Judges on the Tribunal, and as with the Zaoui case, currently underway, a special advocate will represent the individual concerned.

Importantly though the classified information or its content is not admissable in a court or to the Tribunal except as provided in the Bill.

One other change in the new system, according to the Minister, was that the person whose immigration status was affected by this process would not automatically spend the entire process in jail.

NZ's only security risk certificate recipient Algerian refugee Ahmed Zaoui was detained for two years until the intervention of the Supreme Court.

Currently a number of Iranian citizens (not considered a security threat) are held in Mt Eden prison having failed in their bid for refugee status - some such as Iranian hunger striker Ali Reza Panah have been held pending deportation for more than 18 months.

According to the new legislation cases such as Mr Panah's will receive 'tiered restrictions on detention after six or twelve months.'

Mr Cunliffe explained at the press conference that this would allow the judiciary to have more input into deciding what sort of detention is applicable after this length of time.

Amnesty International has called for people in Mr Panah's situation to be given temporary visas till it is safe for them to return to Iran.

The problem of what to do with Iranian citizens awaiting deportation in New Zealand jails was also briefly dealt with by the Minister – apparently the New Zealand government is working with Iranian authorities to make it easier to get them back to their home country.

Other changes to immigration include:

- The ability to collect and use specified biometric information for identity verification purposes.

- The collection and use of biometrics will be limited in the case of New Zealand citizens to photography.

The Bill also establishes an independent appeals system, based on a new single Immigration and Protection Tribunal, which replaces the four existing appeals bodies. The tribunal chair will be a District Court Judge.

According to the Minister there is bi-partisan support for the new Immigration legislation.

"We have an indication from National that they are on board ," said Mr Cunliffe in answer to a question from a Dominion-Post reporter at the end of the press conference.

Listen to the Minister outline the new Immigration Bill

ENDS

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