2016-May 13: Reminder on confidentiality obligations in respect of claimants, refugees and protected persons

Visa Pak 259 - Reminder for staff about confidentiality obligations, information on what information is subject to the section 151 and reasons for confidentiality obligation.

Visa Paks

13 May 2016

Reminder on confidentiality obligations in respect of claimants, refugees and protected persons
 
This article is to remind staff of the confidentiality obligations we have in respect of claimants, refugees and protected persons required by section 151 of the Immigration Act 2009 (the Act).
 
Section 151 of the Act is reflected in New Zealand’s refugee and protection instructions at C2.25.
 
IAC 10/09
 
These obligations are not new as they were provided for under section 129T of the 1987 Act and previously reflected in the Immigration New Zealand Operational Manual at C5.1. This article replaces IAC 10/09 [see also previous advice to staff – 24 October 2014].
 
What information is subject to the section 151 confidentiality obligation?
 
The identity of the claimant, refugee or protected person and the particulars of his or her claim must be kept confidential. This obligation applies during and subsequent to the determination of his or her claim. It includes whether a claim has failed or succeeded, or is being appealed. Cancellation and cessation decisions are likewise protected.
 
Reasons for the confidentiality obligation
 
Section 151 is concerned with the safety of claimants, refugees and protected persons and associated persons. Breaching the confidentiality obligation may put people at risk of serious harm and form the basis of a new or subsequent claim. In some cases, the obligation may require confidentiality as to the very fact or existence of a claim or case, if its disclosure would identify the person concerned or be likely to endanger anyone. For example, information about a refugee claim must not be placed on a visa label. Even indicating the visa holder is awaiting the outcome of an appeal to the Immigration and Protection Tribunal is inappropriate. Any visa conditions etc. which might in any way indicate the visa holder is a claimant should be conveyed by letter to the claimant or their advocate. Such information may be recorded in AMS but may only be disclosed in accordance with instructions at C2.25.
 
If staff have any questions regarding the limits on disclosure they should address them to Refugee Status Branch or Refugee Quota Branch as appropriate.
 
Action

Please discuss with your team(s) and ensure that staff are aware of their confidentiality obligations under the Act and comply with them.