Returned Documents Questions

[Jess&Jack]

Hi,
I was approved for a partnership work temp visa last week and only some of my documents were returned such as my pictures, receipts and some mail. There were some important ones such as other letters mailed to my address and originals of certain documents (I do have copies) that I would like to use in my residency application in the future. From what I've read from the forums is that for residency applications they want original documents, is this true? Can I request these back? Do they throw them away or keep them in a file somewhere? I'm quite worried
-Jess

[ChrisMwn]

Any originals should have been returned. They will be on file, so go back to your case officer. You'll need them again for your residence application.

[Jess&Jack]

Thank you ChrisMwn. That's a relief. I never had any contact with my case officer so I will make a visit to the immigration office soon and ask.

[Jess&Jack]

I emailed my co about this and this was their reply:
"It is in our policy that we do not return the documents provided to us, unless it is an official original document ie. marriage certificate, birth certificate, academic transcript
If you still wish to request a return of the documents you are advised to make a privacy request."
I was really confused as they didn't return some of my official documents like my tenancy agreement, big purchase receipts, and mail from when my partner and I lived in an apartment but returned my mail from living in my partner's parent's home. So I called immigration's helpline and they said they didn't agree with the CO. They said that I had a right to ALL my documents and to fill out the privacy request with a cover letter. They would've done one for me but I had a really long list of documents that were missing.

Can someone please tell me which one is correct? I want to believe my CO knows what they're saying but its hard to think that they wouldn't give me all my documents back...Maybe whoever packed my stuff was being a little lazy? >.<
At this point I'm going to fill out the privacy request and see what happens.

Another question, has anyone done a privacy request? I want all the my originals back but the website says they give copies. Will I be able to get the originals if I request it?

[ChrisMwn]

The case officers response is surprising and contrary to their own instructions. (see below)
I've made plenty of Privacy Act requests, but never to retrieve a clients own original documents.

The only "original " documents that I've known not to be returned were medicals,( when there was paper based medicals) and the application form itself.

I'd challenge the case officer by referring then back to A13.1.1 and listing specifically what was sent as an original.

A13.1.1 Originals

Original documents must:

be copied or processed immediately; and
be returned directly to the owner or the owner's authorised agent (e.g. solicitor) as soon as possible; and
not be released to any other person unless the owner has made a written statement authorising their release to a specified person.
A13.1.5 Certified copies

Certified copies must be stamped or endorsed as being true copies of the originals by a person authorised by law to take statutory declarations in the applicant's country or in New Zealand.
Examples: a lawyer, notary public, Justice of the Peace, or court official.

If certified copies are supplied, immigration officers may also request the original documents.
An immigration officer may certify copies submitted with the original document if they are satisfied that the copy agrees with the original in essential details.
If the actioning officer is satisfied that the copy is a true copy, it must be marked with:
the words "original sighted"; and
the date.
An immigration officer should accept faxed copies of certified documents only if the originals, or certified copies, are then submitted at the earliest opportunity.
Documents with evidence of having been tampered with, or unofficially altered, must be referred to an immigration officer, with Schedule 1-3 delegations, who will decide what further action to take.
A13.1.10 Uncertified copies

Where uncertified copies of original documents have been provided, an immigration officer may request to see the original documents before making a decision on the application.
Uncertified copies must be legible and an accurate reflection of the original document.

[Jess&Jack]

I found it strange as well that I didn't get everything back. I read through a lot of the forums and never saw anyone with this issue. Thanks for finding this piece ChrisMwn. I will email her back with this.

[Jess&Jack]

Hello everyone.
An update to what happened. I called immigration a second time who put in a privacy request for me about my documents. I requested the originals of about 10-15 documents on 2/10/17. I also asked if I could get the contact details of a manager to which I emailed him about the situation the same day. The following Monday 2/20/17 I got a call from a support officer about my documents asking which ones I needed and I thought this would be the end. Unfortunately an hour later received an email from him saying that my CO would not let him send it off as it was up to her. I called him and was frantic at this point trying to say they were originals but he couldn't do anything. He suggested I email him a list and he would forward it to his manager. The manager emailed me the next day saying that he talked with my CO but since I requested a privacy request my file was with the privacy team and he could not look through it himself. He suggested I wait for the privacy team. So I did and today I received most of my originals back. The only originals I didn't get back were the physical mail I received at my apartment but they gave me a copy of the contents inside of it.

It didn't cost me anything for them to mail my stuff back to me.

Also I was told by the immigration helpline that privacy requests were backlogged and it most likely would take a full month before I heard anything from them. I didn't get a call or email from the privacy team as I was told they would contact me. Surprisingly it took only a week to get the documents to me. I'm not sure if I was lucky lol

[allune]

Ah I'm having the same problem. I got the standard "we don't return originals unless it's a marriage licence etc something something" when I called the INZ Contact Centre.

These documents were returned in previous applications and I'm just bewildered why they didn't return them this time If they don't get back to me then I probably will just have to copy what Jess&Jack did; invoking the Privacy Act... Unlike Jess&Jack though I haven't made copies of these docs I want back (probably almost a 100 pieces of mail) so I would really want them back with me...

The next time I apply I wouldn't send originals anymore if they make it this hard to retrieve them...

[JandM]

This is to confirm that the latest version of the INZ operational manual has exactly the same regulations on this point. https://www.immigration.govt.nz/opsmanual/35125.htm

[allune]

@JandM yep, I read A13.1.1 and still relentless. :/ The person I talked to said I should be sending new proof anyway when I make a new application in the future... and I was like huh?