Evidence of meeting #35 for Citizenship and Immigration in the 41st Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was detention.
A recording is available from Parliament.
Conservative
Roxanne James Conservative Scarborough Centre, ON
Okay. Thank you very much.
I started talking about international obligations, but is there any other part of this policy that you're implementing that you can share with us to help us with our situation here?
Manager, Immigration Policy, Policy and Research Group, Department of Labour, New Zealand
We can provide you with a copy of the bill and communications material around the package. We'd be very happy to send that to the secretary of your committee.
Conservative
Roxanne James Conservative Scarborough Centre, ON
Thank you.
I believe you said that you don't necessarily designate a list of safe countries where you normally would not receive refugees from, but you mentioned safe third countries. How does that actually work?
Manager, Immigration Policy, Policy and Research Group, Department of Labour, New Zealand
We have that capacity. Fraser can speak to it.
Acting Director, Legal Business, Legal Group, Department of Labour, New Zealand
Yes, we have the capacity in our Immigration Act 2009 to enter into agreements with third countries that potentially refugee claimants would travel to New Zealand through. If we enter into such agreements, we'll be able to return people to those safe third countries for asylum claims, etc.
At the moment, of course, we haven't entered into any such arrangements with any safe third country, and it's my understanding that there are no plans to do so at this stage. It's just a facilitative measure that exists in our current legislation.
Conservative
Roxanne James Conservative Scarborough Centre, ON
There's just one last question, if I have time.
I'm just wondering whether you process all refugee streams the same way. Does everybody get the exact same application for when their claim is actually heard, processed, etc.? I'm just curious to know whether there is a differentiation between refugees who need attention first, legitimate refugees who need to be processed first, etc. I know you've said that it's not a huge issue in your country, but I'm wondering if you could comment on whether there is any application to that effect in New Zealand.
Manager, Immigration Policy, Policy and Research Group, Department of Labour, New Zealand
Unfortunately, Stephen has had to leave, and he could have spoken to this with more knowledge, I think. But my understanding is that the refugee status branch will prioritize some individuals. In particular, people who are being held in prison will be interviewed as a measure of priority to determine their status in order to minimize the length of time they need to remain in the more secure places of detention.
But I think that is the major prioritization that occurs. There may be other people who can make an application, where the situation is something very exceptional, but apart from that, it's pretty much in date order, I think.
Conservative
The Chair Conservative David Tilson
Thank you.
The next speaker is Monsieur Giguère, who is a member of the official opposition and is with the New Democratic Party.
Monsieur Giguère.
Manager, Immigration Policy, Policy and Research Group, Department of Labour, New Zealand
Good afternoon.
NDP
Alain Giguère NDP Marc-Aurèle-Fortin, QC
My first question is on the detention. Does the person inside your jail have a right to use habeas corpus?
Manager, Immigration Policy, Policy and Research Group, Department of Labour, New Zealand
Yes. The way it works is that every 28 days, maximum, they must be brought before the court and a further warrant for up to 28 days obtained.
Acting Director, Legal Business, Legal Group, Department of Labour, New Zealand
But there is a right at any stage to lodge an application for a writ of habeas corpus under the Habeas Corpus Act in New Zealand.
NDP
Alain Giguère NDP Marc-Aurèle-Fortin, QC
Thanks.
How many non-selected refugees do you receive by year?
Manager, Immigration Policy, Policy and Research Group, Department of Labour, New Zealand
By air?
Manager, Immigration Policy, Policy and Research Group, Department of Labour, New Zealand
By plane?
Conservative
Manager, Immigration Policy, Policy and Research Group, Department of Labour, New Zealand
Last year, sorry. It's the Canadian “year”.
Manager, Immigration Policy, Policy and Research Group, Department of Labour, New Zealand
It was 287 in the 2010-11 year. So far, to April 14—so from July 1 last year to April 14 this year—there were 234 claims, of which 21 were second claims, so 213 new individuals.
NDP
Alain Giguère NDP Marc-Aurèle-Fortin, QC
It is not the same situation in my country. You multiply it by ten.
Manager, Immigration Policy, Policy and Research Group, Department of Labour, New Zealand
But you are almost ten times larger than us. We have a population of 4.33 million. So we're a much smaller country as well.
NDP
Alain Giguère NDP Marc-Aurèle-Fortin, QC
Do you have any information on the situation in Australia? There is a very difficult situation in Australia, and I don't understand the difficulty of this government in the application of the new solution.