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35: Protection of classified information
or “Keeping special secret information private in immigration decisions”
You could also call this:

“Decision-makers must consider all relevant information, including classified data, for fair immigration decisions”

When someone in charge of an important government agency gives secret information to the Minister under this law, they have to be fair. They need to make sure they’re not leaving out other important secret or non-secret information that might change how the Minister understands the situation. They also have to share any secret or non-secret information that might help the person the decision is about. If they get new secret information later that’s important for the decision, they need to share that too.

The person in charge only has to keep sharing new information until a decision is made. This could be when the main decision is made, or when a decision about any related proceedings is made.

You should remember that this is part of a bigger law called the Immigration Act 2009. It’s all about making sure decisions are made fairly, even when some of the information is secret.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 37: Withdrawal or updating of classified information

or “Changing or removing secret information used in immigration decisions”
Next

Part 2 Core provisions and matters in relation to decision making
Reliance on classified information in decision making

36Classified information must be balanced

  1. The chief executive of a relevant agency who provides classified information to the Minister under this Act must ensure that—

  2. the information is provided in a manner that does not, by reason of the omission of any other relevant classified or non-classified information, give a misleading view of the information supplied; and
    1. any classified or non-classified information that is favourable to the person subject to the decision or proceedings is also provided; and
      1. any further classified information that becomes available and that is relevant to the decision or proceedings is provided.

        1. The obligation to provide further information ceases on the date—

        2. the decision concerned is made:
          1. a decision on the proceedings concerned is made.