9 May 2024
Nessy-Rose
[FYI request #26164 email]
DOIA 2324-2051
Tēnā koe Nessy-Rose
Thank you for your email of 19 March 2024 to the Ministry of Business, Innovation and Employment
(MBIE) requesting, under the Official Information Act 1982 (the Act), the following:
Pursuant to the Official Information Act 1982, I request the fol owing information from
Immigration New Zealand.
1. Detailed explanation and documentation of the criteria used by INZ to assess whether the
"compel ing 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
"compel ing" for expediting case officer allocation. This includes, but is not limited to, any
internal memos, guidelines, or case studies that may il ustrate the application of these criteria.
3. Statistical information on the number of Family Category visa applications expedited due to
"compel ing 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 "compel ing 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.
On 18 April 2024, we had advised you that we were extending your request under section 15A(1)(b) of
the Act, as consultations necessary to make a decision on your request were such that a proper response
to your request could not be reasonably made within the original time limit. We had advised you that
MBIE would notify you of a decision on your request no later than 9 May 2024.
Our Response
Section 26 (4) of the Immigration Act 2009 sets out the framework for determining the order and the
ways in which applications should be processed. The Operational Manual provided on the Immigration
New Zealand (INZ) website provides further details that applications of the same group should general y
be processed in lodgement date order. Further instructions are provided the Operational Manual that
within the Family Residence group, Partnership and Dependant Child applications will be prioritised,
with a final note providing provision for case-by-case urgent allocation of applications. Please see the
below link for this information:
https://www.immigration.govt.nz/opsmanual/#44854.htm
INZ has a process for reviewing requests made for the urgent allocation of applications, outside of the
order of processing detailed earlier and this is referred to as an escalation. Such requests are made
through the INZ website or the Immigration Contact Centre (ICC). This process is outlined on the INZ
website and includes a set of criteria. This al ows for the nuance of each category to be considered as
well as the wider context for reviewing the requests. Please see the link below for this information:
https://www.immigration.govt.nz/new-zealand-visas/waiting-for-a-visa/escalation-for-urgent-
applications#:~:text=Criteria%20for%20an%20escalation%20request,humanitarian%20factors%2C%20
and
When reviewing the request and considering any supporting documents provided by the applicants, the
Escalations team evaluates each situation on a case-by-case basis depending on the individual
circumstances and application types, and information that is provided. Aspects which are considered
may include:
• Extreme financial hardship over an extended period of time
• The long-term separation or partners and/or families that are not able to travel visa free to
reunite or apply for other short term visas to remain together/reunite
• Milestone/timebound events – Graduation/Wedding/Funeral/Medical treatment or surgery
It should be noted that these examples are not exhaustive and may be subject to change, and the
circumstances of the individual or the request are considered as part of the holistic assessment. Each
decision is made on a case-by-case basis.
The prioritisation of an application is a discretionary decision made by experienced staff who calibrate
with each other to ensure consistency throughout the process. Staff who are new to the Escalations
team are given coaching by established team members over several weeks. Calibrations are carried out
each time a new staff member joins the Escalations team to ensure that reviews are coherent across the
team. If a decision is deemed as difficult, it can be referred to another reviewer for a confirmation of the
review.
Please see the attached appendix for guidelines on prioritising visa applications. Please note that there
are currently no case studies or additional training guidance for staff.
The Escalations team records data which categorises the request according to high level reasons. This
does not include any details of the request and there is therefore no available reporting that would
provide a breakdown for the nature of these circumstances, only that the request has been made under
the wider Compelling Personal Circumstances criteria.
Partnership residence applicants are highly likely to be able to apply for a temporary visa based on their
family relationships. This is considered when reviewing escalations requests as it provides an option for
applicants to utilise if an escalation for a residence application is not accepted. The threshold for the
prioritisation of a residence application is high. There have been several requests in which the decision
made by the Escalations team was to refuse an escalation, as the applications was about to be allocated
to immigration officers, within the normal flow of work.
Table: The number of escalation requests received under the Family Category, as at 28 March 2024.
Month
Requests
Accepted
Criteria for compelling personal
Received
circumstances not met
September 2023
4
0
4
October 2023
7
0
7
November 2023
19
0
18
December 2023
5
0
5
January 2024
32
1
31
February 2024
21
0
20
You have the right to seek an investigation and review by the Ombudsman of this decision. Information
about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802
602.
If you wish to discuss any aspect of your request or this response, please contac
t [email address].
Nāku noa, nā
Jock Gilray
Director Visa
Immigration New Zealand
Ministry of Business, Innovation & Employment
