Immigration Resolutions Resolutions by Name Resolution by Aim
Immigration Resolutions: Resolutions by Name Resolution by Aim
Ministerials Team
Requests for ministerial intervention: the ‘last option’ Reconsideration of visa application Complaints process/Ombudsman Immigration Protection Tribunal Ministerial appeal
Our objective To provide accurate, objective and timely advice to the Minister, AMOI and Delegated Decision Makers
Client case analysis o Summary of representations made o Immigration History o Health & Character o Family o Qualifications o Employment o Humanitarian issues o International Obligations
Urgent Cases • • Health emergencies Family situations or events Turn-around at the border Deportations
What the Ministerials team does for an urgent deportation • Compliance contacts AMOI’s office if a client wishes to request ministerial intervention • Private Secretary notifies us ASAP • Analyst compiles all available information including Compliance’s Ro. PC • TAs quality assure • Case provided to AMOI’s office
Outcomes for clients Options o Visas under Section 61 o Visas as an exception to instructions o Visas subject to conditions o Waiver of one or more requirements o Decline to intervene
RESIDENCE CLASS VISA HOLDER DEPORTATIONS
What does the Deportations team do? • The role of the Deportations team is to provide the Minister or his Delegated Decision Makers with appropriate information and analysis to make informed decisions about whether or not a New Zealand resident should be deported
How can a person become liable? • s. 156 Deportation liability if visa held under false identity • s. 158 Deportation liability of residence class visa holder if any of the information provided to obtain a residence class visa was fraudulent, forged, false, or misleading, or any relevant information was concealed. • s. 159 Deportation liability of resident if visa conditions breached • s. 161 Deportation liability of residence class visa holder convicted of criminal offence
Common causes of potential liability under s 158
Common causes of liability under s 161
The life cycle of a deportation case Data Match INZ Branch Request info • Police • Courts • Corrections • Old files Resolutions receives information and does a Pre -Assessment. Is there autoliability or a prima facie case for liability? NFA PPI: client invited to comment on : • Grounds for liability or potential liability • Why they should stay in New Zealand Draft summary of relevant information Quality check by TA and Legal Case forwarded to MOI or DDM Sign DLN Suspend Cancel
Some interesting stats • In the 2015/16 year Deports team received 370 new deportation cases. • The Minister and his decision makers finalised 349 cases Outcome 42 78 DLN signed Suspended Cancelled 229
COMPLAINTS & FEEDBACK PROCESS
INZ’s New Complaints Policy & Process Key Features: • One standard global process – easier for customer and INZers • Complaints used as a source of learning – data captured, mined and fed back to the business Key Components: • New Central Complaints Team (CCT) • New INZ Complaints Policy & Process • Supporting ICT System – the Complaints & Feedback System June 2016 17
Centralised Complaints Team (CCT) • INZ’s Centre of Excellence for complaints management • Made up of a Team Leader and 3 Complaints Analysts sitting in SDP • The central point of entry for all complaints to INZ - CCT members will: Ø categorise as a complaint/compliment/feedback Ø manage complaints that don’t meet the definition Ø triage & allocate complaints to an INZ office for assessment and response Ø update AMS to note a complaint is pending, and Ø QA ‘medium’ complaints (post response) and ‘high’ responses (pre response). • Provide support to INZ branches and offices in complaints management. 18
Complaints & Feedback System • A new online form for customers to lodge a complaint and upload any supporting documents. • A supporting ICT system that: Ø Ø automatically acknowledges complaints received online creates a new complaints record caters for linked complaints provides workflow functions • INZ staff will have role-based access, and • The system will capture complaints data and provide dashboards and reporting functions. 19
Customer Complaints Policy & Process • • Defines what constitutes a concern, a complaint, a compliment and feedback Sets out roles, responsibilities and service standards Provides complaint response templates Sets out triage levels and corresponding levels of sign-out: Level Type of complaint Signed by Low Unresolved concern Regarding a single office Straightforward grounds Not satisfied at the low level Regarding multiple offices Complex grounds of complaint IM/TA, team leader, relationship manager or equivalent Legal review required Unreasonable complainant conduct Potentially significant negative impact on complainant, INZ, or New Zealand’s reputation Area or General Manager or DCE Medium High Operations Manager or equivalent Quality Assurance Office: regular random second person checks (pre response) CCT: regular random checks (post response) Team leader, CCT and Manager Immigration Resolutions check (pre response) 20
INZ’s New Complaints Policy & Process Key messages • INZ’s new customer complaints policy and process will: – Introduce one standard global customer complaints process – Make it easier for customers to lodge a complaint – Ensure only complaints that meet the definition for acceptance are allocated to local offices for assessment and response – Improve the quality of complaint responses through training and support from a new centralised Customer Complaints Team – Provide a rich new data source to enable INZ to improve its customer service 21
Statutory Complaints Ombudsman Act Ombudsman OIA Privacy Act
The Office of the Ombudsman (OMB) The Ombudsman may investigate complaints about INZ’s practices and processes. The Ombudsman will encourage clients to use INZ’S own complaints process in the first instance. Often the Ombudsman will contact the team with an informal enquiry, e. g. about a client’s current visa status/ application and sometimes this results in the matter being resolved.
If the situation cannot be resolved through an informal, the Ombudsman will notify INZ in writing of a complaint and the team will: • REVIEW all files/notes/information/legislation/instructions • EVALUATE whether INZ has followed correct decision-making processes or not • CONSIDER what INZ can do to resolve the complaint • Prepare MBIE’s formal response to the complaint.
Official Information Act and Privacy Act complaints The Ombudsman can also investigate INZ’s responses to Official Information Act requests. Similarly, the Privacy Commissioner (OPC) investigates response to Privacy Act requests.
Immigration & Protection Tribunal Liaison Team
ROLE OF THE IPTLT The Immigration and Protection Tribunal is supported administratively by the Ministry of Justice (Mo. J). The IPTLT’s function is liaise with Mo. J to enable seamless administration of immigration appeals. To that end the IPTLT’s function is twofold: - Providing the Tribunal with all relevant information pertaining to the appellants and their families immigration status and history in timely and accurate manner, and - Providing Immigration New Zealand with the Tribunal’s decisions, including monitoring of any trends in immigration appeals and decisions analysis and summaries, in timely and accurate measure.
- Slides: 27