Decisions for the Immigration Bill

Background

In November 2006, Cabinet Business Committee (CBC) (with the power to act) agreed to the Immigration Act review�s proposals to draft a new Bill to replace the 1987 Act [CBC Min (06) 20/14]. In April and May 2007, Cabinet made further decisions on the classified information system and managing security risks, including to repeal Part 4A [CAB Min (07) 14/1A, CAB Min (07) 18/3]. Some further decisions resulting from drafting and consultation on the Bill were also made [CAB Min (07) 20/1, CBC Min (07) 25/1A].
In June 2007, Cabinet agreed to introduce the Bill [CAB Min (07) 21/5]; it was introduced on 8 August 2007. It had its first reading on 16 August 2007 and was referred to the Committee.

The Committee has received 90 submissions on the Bill from a range of individuals and organisations including employer organisations, law societies, refugee and migrant groups and communities, immigration consultants, carriers, Government agencies, and education providers. The aspects of the Bill that were subject to the most submissions and are of interest to the Committee include the:
1. use of classified information
2. refugee and protection system
3. appeals and the appeal authorities
4. introduction of an Immigration Commissioner, and
5. changes to the �reasonable excuse� defence for employers.
The recommendations for the Bill in relation to these areas of interest, along with the detention and monitoring system, are discussed below. This paper also addresses two other issues that the Department indicated it would work on during the Committee phase:
1. the �reasonable excuse� defence for the offence of producing or supplying false or misleading information or documents [CAB Min (07) 20/1], and
2. the role of HRC in the immigration system [CAB Min (07) 21/5]
A further Cabinet paper on the recommendations for the Refugee and Protection System will be submitted to Cabinet in early March 2008.

This Cabinet paper has two appendices. Appendix A seeks Cabinet agreement to a range of technical policy recommendations. Appendix B asks Cabinet to note a range of technical recommendations. The recommendations will ensure that the Bill meets the objectives agreed by the Government to:
1. ensure New Zealand�s interests are protected and advanced
2. ensure compliance with international obligations, and
3. establish fair, firm, and fast decision-making [CAB Min (05) 18/7].
The recommendations aim to ensure that the Bill creates an immigration system that is more transparent, easier to use, and more efficient and flexible, while maintaining an appropriate level of fairness. Some of the recommendations require the rescinding of earlier Cabinet decisions to achieve the objectives and aims of the Bill.