When Migrants Wait too Long: a Case Study of Accountability for Administrative Delay

Abstract

This paper begins by considering what is meant by administrative delay, what can cause it, and the accountability mechanisms that may be used to avoid and manage it. It then explains why delay in the immigration situation provides an interesting and helpful way of assessing the impact of these accountability mechanisms. It divides these mechanisms into three tiers; “Getting it Right”, “Putting it Right” and “Setting it Right”. In Getting it Right, using Immigration New Zealand as a case example it asks whether the inclusion of statutory timeframes in legislative drafting could improve the timeliness of immigration decisions. Putting it Right it looks at the role of judicial review, the Immigration and Protection Tribunal and the Ombudsman as external accountability mechanisms. Setting it Right it looks at the relevant accountability mechanisms provided by the Public Audit Act, Public Finance Act and State Services Commission in particular to explore how delay is managed through them. It concludes that while delay in immigration matters must be controlled overall it appears that the current accountability mechanisms are working well. This is primarily because of their multi-dimensional and complementary approach to questions of delay.