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Immigration Act 2009

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

37: Withdrawal or updating of classified information

You could also call this:

“Changing or removing secret information used in immigration decisions”

The chief executive of the relevant agency can change, add to, or take away classified information given to the Minister at any time. If the information is changed or added to, the Minister needs to decide again if it can be used.

If the Minister says the new or updated information can be used, it needs to be considered when making decisions about immigration, refugees, and protection. This applies to decisions made by the Minister, refugee and protection officers, and in court cases.

If the chief executive takes away any classified information, it must be kept secret. The people making decisions, the Tribunal, or the court can’t share it. They have to make their decisions without using that information, as if they never had it.

The chief executive can also tell anyone to give back classified information to the agency at any time.

When the text mentions other parts of the law, you can find more information by following the links provided.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440636.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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“Decision-makers must consider all relevant information, including classified data, for fair immigration decisions”

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“Preparing a summary of secret information allegations for your review”

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

37Withdrawal or updating of classified information

  1. The chief executive of the relevant agency may at any time withdraw, update, or add to all or any part of any classified information provided to the Minister under this Act.

  2. If the classified information is updated or added to, the Minister must make a further determination under section 33(1) on whether the information may be relied on.

  3. If the Minister determines that the information may be—

  4. relied on before the Minister makes a decision under Part 3, 4, or 6, the Minister must, if the information is relevant to the decision being made, take that new or updated information into account in making the decision:
    1. relied on before a refugee and protection officer makes a decision under Part 5, the officer must, if the information is relevant to the decision being made, take the new or updated information into account in making the decision:
      1. raised in proceedings involving classified information,—
        1. the Tribunal or court must treat the new or updated information in the same way as classified information originally provided to it under section 241(1) or 259(1); and
          1. the Tribunal must determine in relation to the new or updated information the matters set out in section 243(1)(a), (b), and (c).

          2. If the chief executive of the relevant agency withdraws any classified information,—

          3. the classified information must be kept confidential and must not be disclosed by the decision maker, the Tribunal, or the court (as the case may be); and
            1. the decision maker, the Tribunal, or the court must continue to make the decision or determine the proceedings—
              1. without regard to that classified information (but subject to section 243(2) in the case of the Tribunal); and
                1. in the case of an appeal, a matter, or review proceedings, as if that information had not been available in making the decision subject to the appeal, matter, or review proceedings.

                2. The chief executive of the relevant agency may at any time direct any person to return classified information to the relevant agency.