476Cancellation of removal order

1. Section 58 is amended by repealing subsection (5) and substituting the following subsections:

   Nothing in this section gives a person a right to apply to an immigration officer for the cancellation of a removal order. However, an immigration officer must consider cancelling the removal order of a person who is in New Zealand if the person provides information to the officer concerning his or her personal circumstances, and the information is relevant to New Zealand's international obligations.

   If an immigration officer does consider cancelling a removal order, whether by way of a purported application or his or her own motion, the officer must have regard to any relevant international obligations, but otherwise,—

   may make a decision as he or she thinks fit; and

   in doing so, is not under any obligation, whether by implication or otherwise,—

   1. to apply any test or any particular test and, in particular, the officer is not obliged to apply the test set out in section 47(3); or
   2. to inquire into the circumstances of, or to make any further inquiries in respect of the information provided by or in respect of, the person who is the subject of the removal order or any other person.

2. Whether or not an immigration officer considers cancelling a removal order,—

3. he or she is not obliged to give reasons for any decision, other than the reason that this subsection applies; and
4. section 23 of the Official Information Act 1982 does not apply in respect of the decision.

5. However, to the extent that an immigration officer does have regard to any international obligations, the officer is obliged to record—

6. a description of the international obligations; and
7. the facts about the person's personal circumstances.