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Immigration Act 2009

Appeals, reviews, and other proceedings - Special procedure where classified information involved

241: Presentation of classified information to Tribunal

You could also call this:

“How classified information is shown to the Tribunal before your appeal hearing”

When there’s classified information related to a decision that you’re appealing, or if classified information comes up during your appeal, the Tribunal needs to see this information. Before the main hearing about your appeal, the Tribunal will have a private meeting. At this meeting, the head of the government agency involved will explain the classified information. This meeting is called a preliminary hearing.

The preliminary hearing is not for making decisions. It’s to help the Tribunal, the special lawyer (called a special advocate), and other important people understand the classified information. They can ask questions about the information to the agency head or someone else from the agency if needed.

This preliminary hearing can’t happen until at least 28 days after you’ve been given a list of possible special advocates. The agency head decides what to talk about in the presentation at the preliminary hearing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440969.

Topics:
Immigration and citizenship > Visas
Government and voting > Government departments
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“Rules for Tribunal members dealing with classified information in immigration cases”

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Part 7 Appeals, reviews, and other proceedings
Special procedure where classified information involved

241Presentation of classified information to Tribunal

  1. The Tribunal must be given access to classified information that—

  2. was relied on to make a decision that is on appeal to the Tribunal; or
    1. is first raised in the course of an appeal to, or a matter before, the Tribunal.

      1. Before holding a substantive hearing on the appeal or matter, the Tribunal must hold a closed hearing at which the chief executive of the relevant agency makes a presentation on the classified information (a preliminary hearing).

      2. The purpose of the preliminary hearing is not to enable the Tribunal to consider or determine the matters in section 243, but to enable the Tribunal, the special advocate, and counsel assisting the court and the special adviser (if any and if relevant) to understand the classified information and to question—

      3. the chief executive of the relevant agency about the information; or
        1. if necessary, any other person from the relevant agency about the information.

          1. The preliminary hearing may not occur before the date that is 28 days after the appellant or affected person is provided with the names of possible special advocates under section 265(2).

          2. The content of the presentation is to be determined by the chief executive of the relevant agency.