A9.20 Immigration status of complainants to be preserved (28/06/2004)

Where the Office of the Ombudsmen notifies the NZIS that an investigation is being made into a complaint against the NZIS, the complainant’s immigration status will be preserved pending the outcome of the investigation, and in particular:

1. if the complainant is the holder of a temporary permit, the NZIS will grant a further temporary permit of the same type (subject to receipt of formal application and payment of the appropriate fee);
2. if the complainant is not the holder of a permit, the NZIS will not initiate or complete removal action before the investigation has been completed, (and then only if appropriate); unless:
   • a removal order has already been served on the complainant; and
   • the complainant is in Police custody pending removal; and
   • the “humanitarian” interview discloses no circumstances that may make the removal inappropriate.

Effective 28/06/2004