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Immigration Act 2009

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

38: Summary of allegations to be developed

You could also call this:

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

When secret information might be used to make a decision about your visa, deportation, or refugee status, some special rules apply. The government needs to tell you about the secret information without revealing anything that could harm New Zealand’s interests.

The head of the government department and the Minister or refugee officer must agree on a summary of the accusations based on the secret information. They will send you this summary and give you time to respond.

The decision can only use the secret information if it can be summarised without revealing sensitive details. The summary doesn’t have to list the documents or explain where the information came from.

If any of the secret information changes, they must update the summary and give you the new version. This happens if they decide not to use some information or if they add new information.

The government must follow these rules to make sure you know what they’re saying about you, even when they’re using secret information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440637.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Rights and equality > Privacy
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37: Withdrawal or updating of classified information, or

“Changing or removing secret information used in immigration decisions”

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39: Reasons, etc, to be given where prejudicial decision made using classified information, or

“Explaining decisions made using secret information and your rights”

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

38Summary of allegations to be developed

  1. This section and section 39 apply where classified information is to be relied on, or may be relied on, in the making of any decision (a relevant decision) in relation to—

  2. an application for a visa, if the application is for—
    1. a residence class visa; or
      1. a temporary visa or a limited visa, and the applicant is onshore; or
      2. a person’s liability for deportation; or
        1. any matter to which Part 5 applies, if the decision is to be made by a refugee and protection officer.

          1. Before a relevant decision is made that relies on any classified information that is or may be prejudicial to the person who is the subject of the proposed decision,—

          2. the chief executive of the relevant agency and the Minister or the refugee and protection officer concerned, as the case may be, must agree a summary of the allegations arising from the classified information; and
            1. the Minister or the refugee and protection officer must forward the summary to the person who is the subject of the proposed decision for comment, and specify a time by which any comment may be provided.

              1. For the purposes of making a relevant decision, the classified information may be relied on only to the extent that the allegations arising from the information can be summarised without disclosing classified information that would be likely to prejudice the interests described in section 7(3).

              2. Nothing in subsection (2) requires the summary to—

              3. list any documents or other source material containing classified information; or
                1. detail the contents of any documents or other source material containing classified information; or
                  1. specify the source of any documents or other source material containing classified information.

                    1. A summary under this section must be updated, and the person affected provided with an updated summary, where—

                    2. any classified information that was proposed to be relied on in making the decision is withdrawn (unless all of the classified information is withdrawn); or
                      1. the chief executive of the relevant agency adds to or updates the classified information that will be relied on in making the decision.

                        1. An updated summary must be prepared in the same way as if it were a summary prepared under subsection (2)(a).