Dear Ministry of Business, Innovation & Employment,

Pursuant to the Official Information Act 1982, I request the following information from Immigration New Zealand.

1. Detailed explanation and documentation of the criteria used by INZ to assess whether the "compelling personal circumstances" threshold is met to expedite case officer allocation for Family Category visa applications. This request seeks to understand the framework, guidelines, or quantifiable measures that guide decision-making in these assessments.

2. Any available categorisation or examples of circumstances previously recognised as "compelling" for expediting case officer allocation. This includes, but is not limited to, any internal memos, guidelines, or case studies that may illustrate the application of these criteria.

3. Statistical information on the number of Family Category visa applications expedited due to "compelling personal circumstances" over the past six months, including a breakdown by the nature of these circumstances.

This request aims to clarify how INZ ensures consistency and fairness in applying its criteria for expediting case officer allocation for "compelling personal circumstances," particularly in the absence of publicly available, detailed guidelines. Understanding the basis for these decisions is crucial for applicants to navigate their options and ensure transparency and accountability in the immigration process.

This request is made with a complete understanding and respect for the privacy and confidentiality obligations that Immigration New Zealand must adhere to. Therefore, I seek aggregated or anonymized data where necessary and do not request any personal information that could potentially identify individual applicants. My interest lies in the procedural aspects and the application of policies by INZ, rather than the specifics of individual cases.

I understand my request should be responded to under the Official Information Act within 20 working days. Please do not hesitate to contact me here if you require any clarification regarding this request.

Thank you for your attention to this matter. I look forward to your prompt response.

Yours faithfully,

Nessy-Rose

Dear INZ OIAs,

Thank you for your communication dated 18 April 2024 concerning my Official Information Act request (Ref: 2324-2051) initially submitted on 19 March 2024.

I acknowledge the notification of the extension to 9 May 2024. However, I am concerned about the need for such a prolonged extension given the nature of the information requested. The Official Information Act 1982, particularly under section 15A(1)(b), allows for an extension where consultations necessary to make a decision are such that a proper response cannot be made within the original time limit. Nonetheless, it is crucial that these extensions are not used without substantive justification which appears to be disproportionate in this case.

The information I requested is largely procedural and should be readily accessible within the operational frameworks of Immigration New Zealand. This includes:

*Existing guidelines or criteria for determining "compelling personal circumstances",
*Examples or categorizations of such circumstances,
*Aggregated statistical data on expedited applications.

Given these points, the requirement for extensive consultation that significantly delays the response seems unreasonable. The transparency and efficiency dictated by the OIA indicate that such information should be more accessible, reflecting standardized procedures within INZ.

Therefore, I kindly request a more detailed explanation of the specific reasons necessitating this extended timeframe. Understanding these reasons is vital for me to assess the legitimacy of the delay and for public transparency in how the OIA requests are handled.

Should the information be part of ongoing policy reviews or require consultations that were unforeseen, I would appreciate if partial responses could be provided progressively, particularly where sections of the request are more readily answerable.

If it is not possible to shorten the extended timeframe, I would consider seeking a review by the Ombudsman as suggested. It is in our mutual interest to adhere to the spirit of the OIA, ensuring timely and transparent access to information.

Thank you for considering this urgent review of the extension decision. I look forward to a prompt and more detailed response regarding the specific reasons for the delay.

Yours sincerely,

Nessy-Rose

Dear Izla,

Thank you for providing the response. Could you please verify the accuracy of the figures for November 2023 and February 2024 in the table included in your response letter? For November 2023, the table shows 19 requests received, none accepted, and 18 declined, which appears to leave one request unaccounted for. Similarly, for February 2024, it shows 21 requests received, none accepted, and 20 declined, again leaving one request unaccounted for. Could you advise on where the discrepancy in the figures might lie?

Yours sincerely,

Nessy-Rose