Technical Advisor – Refugee and Protection

Tēnei tūranga – About the role

The role is responsible for providing advice to Refugee and Protection Officers (RPOs) and others on refugee law and the processing of refugee and protected person status matters in New Zealand. The role involves undertaking second person checks on refugee and protection status decisions. The Technical Advisor also coaches and trains staff, including facilitating the identification, summary and discussion of relevant jurisprudence. The Technical Advisor manages a personal caseload of complex or sensitive claims. The Technical Advisor is responsible for ensuring quality decisions that manage risk and contribute to immigration outcomes.

Key Relationships

• Managers and staff in the Refugee Status Unit and Refugee and Migrant Services.
• Researchers in the Country Research Unit.
• Staff in other Immigration New Zealand branches who deal with asylum and refugee clients, including the INZ Assurance Branch where relevant.
• MBIE Legal.
• Those whose refugee or protection status is under consideration.
• Refugee lawyers and Licensed Immigration Advisers.
• Interpreters.
• The Immigration and Protection Tribunal.
• Other government agencies such as Crown Law, Police, Customs, DIA, and MFAT.
• Relevant international agencies such as UNHCR and national stakeholder organisations such as the refugee councils and lawyer representative groups.
• Foreign governments and their overseas representatives.

Ngā herenga – Requirements of the role

Personal specifications

A proven track record of experience and achievement in:

• In-depth knowledge of the Refugee Convention, CAT and Articles 6 and 7 of the ICCPR.
• In-depth knowledge of NZ and international refugee and protection law, particularly the jurisprudence of the Immigration and Protection Tribunal, the Refugee Status Appeals Authority, the UN Committee Against Torture, and the UN Human Rights Committee in relation to Articles 6 and 7 of the ICCPR.
• In-depth knowledge of procedures and guidelines relating to eligibility and cancellation or cessation of refugee and protection status and deportation liability of recognised refugees and protected persons.
• Knowledge and understanding of the confidentiality provisions of the Immigration Act 2009, the Privacy Act 2020 and the Official Information Act 1982.
• Deciding a variety of refugee and protected person claims (including those involving complex matters) and related determinations.
• Demonstrated knowledge and understanding of the principles of administrative law, particularly the principles of fairness and natural justice.
• Demonstrated interest in the human rights field and relevant international affairs.
• Knowledge of immigration procedures, related documents and client risk profiling methods.
• The knowledge to provide quality advice on refugee and protection matters to refugee and protection officers and others where required.

Qualifications

• Tertiary qualification, preferably in law or a relevant discipline, or comparable relevant qualification and/or experience.

Other

• The ability to gain and maintain a national security clearance as required.
• Must be a NZ citizen or hold a residence class visa (if the role is located in New Zealand).
• Must have the legal right to live and work in the country in which this position resides (if the role is located outside of New Zealand).

Takohanga tuhinga o mua – Key accountabilities and deliverables

Responsibilities of this position are expected to change over time as the Ministry responds to changing needs. The incumbent will need the flexibility to adapt and develop as the environment evolves. This includes performing any other duties as required.

Quality decision making

The Technical Advisor will deliver results in the following areas:

• Providing advice and supervising staff to ensure quality decisions on claims to refugee and protection status according to the United Nations 1951 Convention relating to the Status of Refugees (“Refugee Convention”), the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”) and Articles 6 and 7 of the International Covenant on Civil and Political Rights (“ICCPR”).
• Providing advice and ensuring quality decisions on cancellation and cessation of the same according to criteria set down in the Immigration Act 2009 and relevant law.
• Providing advice and ensuring quality decisions on a refugee or protected person’s deportation liability under Article 33.2 of the Refugee Convention and s 164 of the Immigration Act 2009.
• Providing advice and quality checks regarding the application of classified information to status determinations as required under the Immigration Act 2009.
• Representing the Ministry in appeals to the Immigration and Protection Tribunal (IPT) and assisting in its inquiry.
• Participating in processing of a mass arrival of refugee and protection claimants.
• Providing advice and quality checks regarding refugee and protection status investigations within the bounds of section 151 of the Immigration Act.
• Consistently making quality refugee and protection status decisions, including on sensitive and complex cases, and which are exemplars.
• Consistently meeting targets and maintain timeliness standards.
• Producing a high professional standard of reports and decisions in line with refugee law, experience and expectations.
• Ensuring principles of fairness and natural justice are met.
• Maintaining and ensuring records are accurate and up to date.

Knowledge Management and Training

• Identify areas for training and conduct or facilitate relevant training sessions to staff.
• Help and mentor others to improve their skills, knowledge and competence.
• Observe interviews and give feedback when required.
• Mentor and support RPOs in all areas of refugee determination, cancellation or cessation.
• Read all IPT refugee decisions and summarise key findings for staff as required.
• Run regular training sessions to review IPT decisions and other leading jurisprudence.
• Be an expert and train others on refugee confidentiality under section 151 Immigration Act 2009 and the Privacy, and Official Information Acts.
• Be committed to displaying proactive knowledge management and knowledge sharing.
• Provide advice and expertise on refugee law, jurisprudence and procedures, other laws and policy relevant to the refugee area.
• Contribute subject matter expertise to the development and maintenance of relevant manuals and guides to assist in refugee status decision making and to ensure best practise in procedures.

Projects and Relationship Management

• Identify service delivery gaps and propose solutions.
• Lead or contribute to RSU and wider RMS branch project work.
• Undertake specific tasks, including verification, responding to stakeholder requests, investigating and responding to complaints or queries, managing allocation (where applicable), reviewing status referrals and database operations.
• Provide assistance to MBIE Legal or Crown Law in matters pertaining to status appeals before the Tribunal or in the courts.
• Support the operation of the Branch by providing analysis and input into policy, procedures and strategic planning.
• Perform Immigration Manager duties (acting up) when required.
• Consistently communicate in a professional and respectful manner with all internal and external stakeholders, and to produce high quality customer service.
• Develop and maintain professional relationships with internal and external stakeholders.
• Effectively manage liaison roles.
• Contribute to reports when required.
• Identify and escalate risks.

Wellbeing, health & safety

• Displays commitment through actively supporting all safety and wellbeing initiatives.
• Ensures own and others safety at all times.
• Complies with relevant safety and wellbeing policies, procedures, safe systems of work and event reporting.
• Reports all incidents/accidents, including near misses in a timely fashion.
• Is involved in health and safety through participation and consultation.

Tō tūranga i roto i te Manatū – Your place in the Ministry

The Technical Advisor – Refugee and Protection position reports into the Practice Lead Refugee and Protection within the Refugee and Migrant Services branch. The branch sits within the Immigration New Zealand group.

More information about MBIE’s structure

To mātou aronga – What we do for Aotearoa New Zealand

Hīkina Whakatutuki is the te reo Māori name for the Ministry of Business, Innovation and Employment. Hīkina means to uplift. Whakatutuki means to move forward, to make successful. Our name speaks to our purpose, Grow Aotearoa New Zealand for All.

To Grow Aotearoa New Zealand for All, we put people at the heart of our mahi. Based on the principles of Te Tiriti o Waitangi / The Treaty of Waitangi, we are committed to upholding authentic partnerships with Māori.

As agile public service leaders, we use our breadth and experience to navigate the ever-changing world. We are service providers, policy makers, investors and regulators. We engage with diverse communities, businesses and regions. Our work touches on the daily lives of New Zealanders. We grow opportunities (Puāwai), guard and protect (Kaihāpai) and innovate and navigate towards a better future (Auaha).

Ngā matatau – Our competencies

Cultivates innovation We create new and better ways for the organisation to be successful by challenging the status quo generating new and creative ideas and translating them into workable solutions.

Nimble learning We are curious and actively learn through experimentation when tackling new problems by learning as we go when facing new situations and challenges.

Customer focus We build strong customer relationships and deliver customer-centric solutions by listening and gaining insights into the needs of the communities we serve and actively seeking and responding to feedback.

Decision quality We make quality and timely decisions that shape the future for our communities and keep the organisation moving forward by relying on an appropriate mix of analysis, wisdom, experience, and judgement to make valid and reliable decisions.

Action oriented We step up, taking on new opportunities and tough challenges with purpose, urgency and discipline by taking responsibility, ownership and action on challenges, and being accountable for the results.

Collaborates We connect, working together to build partnerships with our communities, working collaboratively to meet shared objectives by gaining trust and support of others; actively seeking the views, experiences, and opinions of others and by working co-operatively with others across MBIE, the public sector and external stakeholder groups.

Te Tiriti o Waitangi

As an agency of the public service, MBIE has a responsibility to contribute to the Crown meeting its obligations under Te Tiriti o Waitangi (Te Tiriti). Meeting our commitment to Te Tiriti will contribute towards us realising the overall aims of Te Ara Amiorangi – Our Path, Our Direction, and achieve the outcome of Growing New Zealand for All. The principles of Te Tiriti - including partnership, good faith, and active protection – are at the core of our work. MBIE is committed to delivering on our obligations as a Treaty partner with authenticity and integrity and to enable Māori interests. We are committed to ensuring that MBIE is well placed to meet our obligations under the Public Service Act 2020 (Te Ao Tūmatanui) to support the Crown in strengthening the Māori/Crown Relationship under the Treaty and to build MBIE’s capability, capacity and cultural intelligence to deliver this.

Mahi i roto i te Ratonga Tūmatanui – Working in the public service

Ka mahitahi mātou o te ratonga tūmatanui kia hei painga mō ngā tāngata o Aotearoa i āianei, ā, hei ngā rā ki tua hoki. He kawenga tino whaitake tā mātou hei tautoko i te Karauna i runga i āna hononga ki a ngāi Māori i raro i te Tiriti o Waitangi. Ka tautoko mātou i te kāwanatanga manapori. Ka whakakotahingia mātou e te wairua whakarato ki ō mātou hapori, ā, e arahina ana mātou e ngā mātāpono me ngā tikanga matua o te ratonga tūmatanui i roto i ā mātou mahi.

In the public service we work collectively to make a meaningful difference for New Zealanders now and in the future. We have an important role in supporting the Crown in its relationships with Māori under the Treaty of Waitangi. We support democratic government. We are unified by a spirit of service to our communities and guided by the core principles and values of the public service in our work.

What does it mean to work in Aotearoa New Zealand’s Public Service?(external link) — Te Kawa Mataaho The Public Service Commission