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Immigration Act 2009

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

243: Matters to be considered by Tribunal

You could also call this:

“What the Tribunal considers when reviewing classified information in immigration cases”

When there’s a legal case involving classified information, a group called the Tribunal has to look at several things. They need to check if the classified information is important to the case. They also need to see if the information is the kind that should be kept secret for special reasons. The Tribunal has to decide if the information can be trusted.

When making their decision, the Tribunal looks at all the information they have, including any classified information that’s trustworthy. They also think about the rules that were used to make the decision that’s being questioned.

If the Tribunal thinks some classified information isn’t important to the case, they won’t use it. If they think some information doesn’t need to be kept secret, they might still use it if the people who own the information say it’s okay to share it, or if they think it might help the person involved in the case.

The Tribunal won’t use any classified information they don’t think is trustworthy. It’s important to know that classified information can be useful in a case whether it helps or doesn’t help the person involved.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440972.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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242: Tribunal to approve summary of allegations, or

“Tribunal prepares and approves a summary of allegations for cases involving secret information”

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244: Tribunal may require mixture of closed and open hearings, or

“Tribunal can mix closed and open parts in hearings involving classified information”

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

243Matters to be considered by Tribunal

  1. Where proceedings involve classified information, the Tribunal must determine the following matters:

  2. whether the classified information is relevant to the subject matter of the appeal or matter concerned:
    1. whether the classified information is information of a kind specified in section 7(2), and whether its disclosure would be disclosure of a kind specified in section 7(3):
      1. whether the classified information is credible:
        1. the substantive grounds of the appeal or matter, having regard to—
          1. all the information available to the Tribunal, including any relevant and credible classified information; and
            1. the relevant criteria under which the decision appealed against or to which the matter relates was made.

            2. If the Tribunal considers that—

            3. any classified information is not relevant to the appeal or matter, it must disregard that information; and
              1. any information does not meet the criteria specified in section 7(2) and (3), the Tribunal must disregard that information unless—
                1. the relevant agency agrees to the disclosure of the information to the appellant or affected person; or
                  1. the Tribunal considers that it is of benefit to the appellant or affected person; and
                  2. any classified information is not credible, it must disregard that information.

                    1. To avoid doubt, classified information may be relevant to an appeal or matter whether it is beneficial or detrimental to the appellant or affected person.