Ref: 2324-0651

 

Dear Mr Lu

 

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 20 September 2023 requesting under the Official
Information Act 1982 (the Act), the following:

 

‘Background: some applications meet A16.1 criteria but was not
prioritized.

 

I would like to request under the Official Information Request the
following:

 

Q1: What is INZ's process for identifying which applications should be
prioritized based on A16.1? Is the decision-making process carried out by
humans or automated systems?

 

Q2: How does INZ ensure that the order and manner of processing
applications align with Immigration Instruction A16.1? If an application
meets the A16.1 criteria but is not prioritized for allocation, what type
of error does INZ consider it to be?

 

Q3: Does INZ have specific instructions in place to address errors
attributed to INZ during the processing of visa applications? If so, could
you provide insights into the process for handling such situations?

 

Q4: For applications with "Queue, Pending Skilled Residence" status, which
are waiting for allocation, does INZ prioritize those that meet the
criteria outlined in A16.1 for priority allocation?

 

Q5: If INZ did not follow instructions in processing applications,
resulting in a negative impact on the applicant, and the applicant
attempted to communicate with INZ seeking an internal solution through the
complaint team and managers, but INZ refused to provide any solutions,
what resources can the applicant request?

 

Q6: Considering that INZ did not follow A16.1, did not prioritize an
application that meets the criteria listed in A16.1, would INZ consider
this as a reason to escalate associated third-party checks? INZ states
that escalation could be done on a case-by-case basis, depending on the
circumstances.

 

Q7: INZ has refused some escalation requests, citing the policy to only
escalate applications based on the lodgement date. This appears to differ
from the previous OIA response, which stated that applications are
escalated on a case-by-case basis depending on the particular
circumstances of each application. Has INZ changed its escalation
requirements? If so, what is the timeframe for INZ to escalate the NSC?

 

Q8: Could you provide an explanation for INZ's decision to escalate
applications based on the lodgement date, which appears to differ from the
information applicants received when they received the Invitation to Apply
(ITA) and the confirmation email from INZ? Should applicants be informed
of this policy when they receive the ITA?’

 

We will endeavour to respond to your request as soon as possible, and no
later than 18 October 2023, being 20 working days after the day your
request was received. If we are unable to respond to your request by then,
we will notify you of an extension of that timeframe.  If you have any
enquiries regarding your request feel free to contact us via email to
[1][MBIE request email].

 

Nâku noa, nâ

 

Ministerial Services

Corporate, Governance and Information  |   Ngâ Pou o te Taumaru

Ministry of Business, Innovation & Employment

15 Stout Street, Wellington 6011 |  P O Box 1473 Wellington 6140

 

References

Visible links
1. mailto:[MBIE request email]

Kia ora Mr Lu,

 

Thank you for your email of 20 September 2023 to the Ministry of Business,
Innovation and Employment requesting, under the Official Information Act
(the Act), the following:

 

Background: some applications meet A16.1 criteria but was not prioritized.

 

I would like to request under the Official Information Request the
following:

 

Q1: What is INZ's process for identifying which applications should be
prioritized based on A16.1? Is the decision-making process carried out by
humans or automated systems?

 

Q2: How does INZ ensure that the order and manner of processing
applications align with Immigration Instruction A16.1? If an application
meets the A16.1 criteria but is not prioritized for allocation, what type
of error does INZ consider it to be?

 

Q3: Does INZ have specific instructions in place to address errors
attributed to INZ during the processing of visa applications? If so, could
you provide insights into the process for handling such situations?

 

Q4: For applications with "Queue, Pending Skilled Residence" status, which
are waiting for allocation, does INZ prioritize those that meet the
criteria outlined in A16.1 for priority allocation?

 

Q5: If INZ did not follow instructions in processing applications,
resulting in a negative impact on the applicant, and the applicant
attempted to communicate with INZ seeking an internal solution through the
complaint team and managers, but INZ refused to provide any solutions,
what resources can the applicant request?

 

Q6: Considering that INZ did not follow A16.1, did not prioritize an
application that meets the criteria listed in A16.1, would INZ consider
this as a reason to escalate associated third-party checks? INZ states
that escalation could be done on a case-by-case basis, depending on the
circumstances.

 

Q7: INZ has refused some escalation requests, citing the policy to only
escalate applications based on the lodgement date. This appears to differ
from the previous OIA response, which stated that applications are
escalated on a case-by-case basis depending on the particular
circumstances of each application. Has INZ changed its escalation
requirements? If so, what is the timeframe for INZ to escalate the NSC?

 

Q8: Could you provide an explanation for INZ's decision to escalate
applications based on the lodgement date, which appears to differ from the
information applicants received when they received the Invitation to Apply
(ITA) and the confirmation email from INZ? Should applicants be informed
of this policy when they receive the ITA?

 

Our Response

 

Q1: Applications for prioritisation are sorted at lodgement stage by
support officers. Applications that meet the criteria for prioritisation
are reviewed daily by managers and are then assigned to immigration
officers for processing accordingly.

 

For paper-based applications, the process from lodgement to decision
making is carried out by immigration officers manually. For applications
submitted through the new Immigration Online system, some tasks performed
by immigration officers have been automated to improve timeliness.
Decision making for applications submitted through the Immigration Online
system will still require a manual assessment.

 

Q2: As above, Immigration New Zealand (INZ) has a process of manually
sorting applications to determine the order of processing and which
applications need prioritisation. INZ has reporting tools available that
show the oldest applications on hand that are yet to be allocated.
Immigration managers use these reporting tools daily to determine the
order of allocations in line with immigration instruction A16.1. In
instances where INZ has made a manual error in the prioritisation of
applications under A16.1, INZ acts quickly to rectify the issue by
allocating the application for assessment as soon as possible.

 

Q3: As stated above, in instances where INZ has made a manual error in the
prioritisation of applications under A16.1, INZ acts quickly to rectify
the issue by allocating the application for assessment as soon as possible
and escalating the application  where appropriate after considering the
applicant’s personal circumstances, humanitarian factors or any matters of
national interest. 

 

Q4: Applications are processed in lodgement date order and as specified
in A16.1. Please refer to INZ’s Operational Manual for information on how
Skilled Migrant Category (SMC) visa applications are prioritised:

[1]https://www.immigration.govt.nz/opsmanua...

 

Q5: If applicants are not happy about a resolution provided by INZ in
response to their complaint or believe that the correct process was not
followed, they can lodge a complaint with the Ombudsman:

[2]https://www.ombudsman.parliament.nz/what...

 

Q6: If it is determined that a third-party check is required, a support
officer will make a request during the lodgement stage. For applications
that were not processed in line with A16.1, INZ may consider requesting an
escalation for third-party checks on a case-by case basis if there are
compelling personal circumstances, humanitarian factors or it is a matter
of national interests.

 

Q7: While applications should generally be processed in lodgement date
order and may be prioritised based on immigration instructions for
specific visa categories, requests for escalations are considered against
the following three criteria:

 

·       compelling personal circumstances

·       humanitarian factors, and

·       matters of national interest.

INZ will refuse any requests for escalation that do not meet this
criteria. There have been no changes in the escalation requirements.
Please refer to the INZ website for further information on this:

[3]Can a visa application be prioritised? | Immigration New Zealand

 

There is no timeframe for when INZ will request an escalation for
third-party checks as escalations are considered on case-by-case basis.
INZ does however send weekly follow-ups to the agency conducting NSC
checks for applications that meet the following criteria:

 

o Temporary visa – pending for 8+ working days
o Residence/Permanent Resident visa – pending for 6+ months

 

For generic information on response times for NSCs, please refer to the
INZ website:

[4]https://www.immigration.govt.nz/about-us...

 

Q8: Please refer to our response to Question 4 above for your query
regarding INZ’s decision to escalate applications based on the lodgement
date. To clarify your query regarding the invitation to apply (ITA), the
ITA for residence under the SMC outlines the timeframe for submission of
the residence visa and provides further information regarding the
requirements for the residence visa and guidance on the next steps for
applicants after being issued an ITA. INZ does not provide any
confirmation of escalation and/or information about the escalation process
that is contradictory to what is prescribed in immigration instruction
A16.1 in the ITA issued to applicants.

 

 

If the information provided is not sufficient, or if you have any further
questions, feel free to submit a new request via our online form -
[5]https://www.mbie.govt.nz/about/open-gove...

 

 

 

 

Ngā mihi,

Richa

Ministerial Services Team

Associate Deputy Secretary Immigration

Immigration New Zealand

Ministry of Business, Innovation & Employment

 

 

NZBN 9429000106078

 

[6]Values image for email signatures.

 

 

References

Visible links
1. https://www.immigration.govt.nz/opsmanua...
2. https://www.ombudsman.parliament.nz/what...
3. https://www.immigration.govt.nz/knowledg...
4. https://www.immigration.govt.nz/about-us...
5. https://www.mbie.govt.nz/about/open-gove...
https://www.mbie.govt.nz/about/open-gove...