Criteria for Expediting case officer allocation for ''Compelling Personal Circumstances" in Family Category Visa Applications
Nessy-Rose made this Official Information request to Ministry of Business, Innovation & Employment
The request was successful.
From: Nessy-Rose
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
From: Ministerial Services
Ministry of Business, Innovation & Employment
Acknowledgement of your Official Information Request (Ref: 2324-2051)
Ref: 2324-2051
Kia ora Nessy Rose,
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 19 March regarding the Criteria for Expediting
case officer allocation for ''Compelling Personal Circumstances" in Family
Category Visa Applications under the Official Information Act 1982 (the
Act),
We will endeavour to respond to your request as soon as possible, and no
later than 18 April 2024, 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].
Nāku noa, nā
Ministerial Services
Communications, Design & Ministerial Services
Ministry of Business, Innovation & Employment
15 Stout Street, Wellington, PO Box 1473, Wellington 6140
[2]www.mbie.govt.nz
[3]image
References
Visible links
1. mailto:[MBIE request email]
2. http://www.mbie.govt.nz/
http://www.mbie.govt.nz/
From: INZ OIAs
Ministry of Business, Innovation & Employment
Kia ora Nessy Rose,
Please find attached the extension letter regarding your request for
information under the Official Information Act 1982.
Nāku noa, nā
Izla
MINISTERIAL SERVICES
Immigration New Zealand
Ministry of Business, Innovation & Employment
15 Stout Street, PO BOX 1473, Wellington 6140
From: 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
From: INZ OIAs
Ministry of Business, Innovation & Employment
Kia ora Nessy-Rose,
Thank you for your response.
We note your concerns with the extension of the timeframe and the request for further reasons.
MBIE is currently consulting on specific legal issues raised as a result of the information you have requested. Upon receipt of that final consultation, we intend to make a decision on your request, but do not believe we are in a position to make a decision at this point. We note your concerns with the extended timeframe and will endeavour to expedite you a response before the extended timeframe. In addition, we note your request for partial release of the information.
We thank you for your facilitative approach and will be happy to answer further questions you may have.
Nāku noa, nā
INZ OIAs
-----Original Message-----
From: Nessy-Rose <[FOI #26164 email]>
Sent: Thursday, April 18, 2024 8:18 PM
To: INZ OIAs <[email address]>
Subject: Re: DOIA 2324-2051 - Nessy Rose - Extension Letter [IN-CONFIDENCE: RELEASE-EXTERNAL]
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
-----Original Message-----
Kia ora Nessy Rose,
Please find attached the extension letter regarding your request for information under the Official Information Act 1982.
Nāku noa, nā
Izla
MINISTERIAL SERVICES
Immigration New Zealand
Ministry of Business, Innovation & Employment
15 Stout Street, PO BOX 1473, Wellington 6140
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Please use this email address for all replies to this request:
[FOI #26164 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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From: INZ OIAs
Ministry of Business, Innovation & Employment
DOIA 2324 2051 Nessy Rose Response Letter.pdf
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DOIA 2324 2051 Appendix.pdf
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Kia ora Nessy-Rose,
Please see attached the response to your Official Information Act request.
Nāku noa, nā
Izla
MINISTERIAL SERVICES
Immigration New Zealand
Ministry of Business, Innovation & Employment
15 Stout Street, PO BOX 1473, Wellington 6140
From: 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
From: INZ OIAs
Ministry of Business, Innovation & Employment
Kia ora Nessy-Rose,
Thank you for your query.
The discrepancy in the figures is a result of not all requests being made under compelling personal circumstances. The criteria are open to people to select the focus of their request, and requests are not made in the same way. Individuals who made requests based on compelling personal circumstances are listed in column four.
We have rechecked each of the monthly spreadsheets and found a typo in the November statistics, which should have read 9 requests (not 19) and 8 of them under compelling circumstances (not 18).
This was a result of human error in the collection of the data for the OIA.
Nāku noa, nā
Izla
MINISTERIAL SERVICES
Immigration New Zealand
Ministry of Business, Innovation & Employment
15 Stout Street, PO BOX 1473, Wellington 6140
-----Original Message-----
From: Nessy-Rose <[FOI #26164 email]>
Sent: Thursday, May 9, 2024 4:52 PM
To: INZ OIAs <[email address]>
Subject: Re: DOIA 2324-2051 - Nessy-Rose Response [IN-CONFIDENCE: RELEASE-EXTERNAL]
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
-----Original Message-----
Kia ora Nessy-Rose,
Please see attached the response to your Official Information Act request.
Nāku noa, nā
Izla
MINISTERIAL SERVICES
Immigration New Zealand
Ministry of Business, Innovation & Employment
15 Stout Street, PO BOX 1473, Wellington 6140
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #26164 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
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