Department of Home Affairs

Status Resolution - Network Advice ​

FA 24/10/017772 Released 3 pages PDF

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The Department of Home Affairs issued network guidance to Detention Review Managers and Status Resolution Officers regarding compliance with the NZYQ High Court judgment, which established that immigration detention under section 189 of the Migration Act is invalid where section 198 is engaged but there is no real prospect of removal becoming practicable in the reasonably foreseeable future. The department amended Mandatory Control Point 7 (MCP 7, reference ADD2024/374635) to assist detaining officers in identifying affected cases and assessing removal prospects. Officers must now complete two new sections of the MCP 7 tool: Detention Review Managers must complete these for all new detentions, while Status Resolution Officers must complete or update them for current detentions at the next case review. The additions enable monitoring of cases where section 198 is not yet engaged or where pending legal barriers may be resolved, allowing officers to identify potentially problematic detentions and escal

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