[Singel]

09.03.06
By David Eames

Failure to notify immigration authorities about a job change has cost a South African family the chance of a new life in New Zealand.

Gavin Penfold thought he was doing the right thing when he belatedly notified immigration authorities of a change in his place of work. But his tardiness resulted in his permit being revoked, his residency application rejected and his family branded as overstayers.

Now Mr Penfold and his family wait - boxes of belongings at the ready - for immigration authorities to come for them.

"It's scary," he said. "You almost feel like you are in trouble with the law.

"We have anxious moments every time there is a knock on the door. They can come at any time and take us away."

A spokesman for Workforce - a branch of the Department of Labour - said Mr Penfold was no longer welcome in this country and for the good of his family should return to South Africa.

Service delivery group manager Graham Baker last night told the Herald Mr Penfold waited too long before notifying the department of his work-permit variation.

Mr Penfold - with wife Lorinda and children Tristan and Michene - arrived in Whangarei in December 2004 to take up a position at a motor vehicle dealership.

He had a valid work permit, and after about six weeks moved to a position with an Auckland car dealership.

But Mr Penfold later learned he should have notified immigration authorities of the change to his working conditions.

After speaking with a consultant, Mr Penfold alerted immigration to his predicament, and also applied for residency. But his application was rejected on the grounds he had admitted a breach in his work conditions and was working in New Zealand illegally.

Now he has no work permit, his wife and son's visitor's permits have been revoked, and his daughter's student visa has been rescinded.

Mr Baker said the variation request was received about 10 months after the Penfolds moved to Auckland. That was too long, for the department's liking, as the permit only allowed him to work at the Whangarei dealership.

"[But] the reality here is that [Mr Penfold] then moved, of his own volition ... then worked for what looks like 10 months without telling us.

"He applied for a work permit after the fact."

Mr Baker said it was up to the department's "border security group" whether the Penfolds faced immediate, forced deportation.

The shadow of deportation has thrown the family into confusion.

Tristan, 5, has already started school in Auckland, but if forced to return to South Africa will have to wait until he is 7 before he can continue his education.

"Everything that we do, we are uncertain about it," Mr Penfold said.

"We try to keep the kids out of it, but they can obviously feel the tension of the household."

Mr Baker said he appreciated the child's plight, but said it would be "much better" for Mr Penfold and his family to return to South Africa, then reapply to enter New Zealand.

"The reality is this man now really does need to go back to South Africa, removing himself from the unlawful status that he has."

http://www.nzherald.co.nz/section/story.cfm?c_id=1&ObjectID=10371751

[foolsgold99]

It's a difficult one, I see both sides of the argument tbh. The de jure position is clear, he's illegal in the country and should be deported, natural justice however isn't that clear.

I assume he came in on work visa, with 18a conditions on it, i.e must remain with employer for 90 days. He left his job after 6 weeks to take a new one, he must have known he needed approval to do this, he didn't get it. Would doing 90 days really have been this bad ??

We were talking about this at work today, people seemed to mostly think, "typical arrogant yarpie, thinking the rules didn't apply to him, ship him home".

Phrases like

"It's scary," he said. "You almost feel like you are in trouble with the law.

don't help, he seems unwilling to admit that he's a criminal overstayer

Having said that, how in the name of god, did he get into the country anyway and why was a work visa issued for a used car salesman ?? I'm pretty sure it ain't on the long term skills shortage list, something dodgy in the first place me thinks.

I can see the point of shipping them home, pour encouragement les autres if nothing else, but the immigration system in NZ seems to be a shambles with tons of people in the country that can't speak english, and have no skills that I can see beyond doing a bad job in Wendy's and these folks have managed to support themsleves for a year and pay tax, so I just tend towards letting them stay, but would insist they move to either the Shore or Clevedon and live with all the other yarpies :laugh

[Smiler]

I couldn't figure out where used car sales was on the skills shortage list either!

I can't believe he did not realise he needed to inform them that he moved jobs, whatever that job was.

Immigration also seem to be incredibly nice about it all; Mr Baker said he appreciated the child's plight, but said it would be "much better" for Mr Penfold and his family to return to South Africa, then reapply to enter New Zealand.

"The reality is this man now really does need to go back to South Africa, removing himself from the unlawful status that he has."

No crashing down doors at 7 am, being dragged from their beds and carted off to the equivalent of Uxbridge detention centre, just a polite suggestion.

And whats a yarpie and am I one :o

[jubjub]

And whats a yarpie and am I one :o

Nah its OK, your safe, its a slang term for South African, and not something you should call them to their face (just in case you try!)

[foolsgold99]

Yarpie
Yarpie is a derogatory term for white South Africans, believed to originate from the Afrikaans word 'Jarpie', meaning 'farm-boy'.





In gernal it's prefaced by "typical arrogant..".
My 500th post btw. :cheers

[Avalon]

Congratulations

[Smiler]

My 500th post btw. :cheers

Well done you. :clap

Phew I can carry on being a POM then :laugh

[katandbob]

In gernal it's prefaced by "typical arrogant..".
My 500th post btw. :cheers


Congrats...your now a 'senior' :laugh do you feel old?

Yar Yar!!! :laugh

[StevieD]

Yarpie - thanks Debs you save me asking the question!! :laugh

What a great name though...

[Smiler]

Yarpie - thanks Debs you save me asking the question!! :laugh

What a great name though...

Thought it was a NZ version of yardie. :o

[Marie P]

ERM.........What's a Yardie Deb ? :confused:

[Smiler]

'er you go

A Yardie is a Jamaican (http://en.wikipedia.org/wiki/Jamaica) living abroad. It comes from the noun 'yard' referring to Jamaica and the government yards (http://en.wikipedia.org/wiki/Shanty_towns) of Jamaica. In England (http://en.wikipedia.org/wiki/England), the term 'Yardie' is used pejoratively to refer to Jamaican gangsters or gangs (http://en.wikipedia.org/wiki/Gangs).

I haven't a clue what 'pejoratively' means though :laugh:laugh

and they have a forum too www.yardieforum.com but I'm too frightened to peek in.

especially as I am now in technicolour :confused:

[Singel]

Readers' Views: The Penfold family from South Africa

10.03.06
This Readers' Views page is now closed. Thanks to everyone who contributed their thoughts.

We asked for feedback on whether the Penfold family from South Africa should be sent home for not informing the Department of Labour about a change of job. More than 200 readers emailed in their views. Here is a sample of their responses.

* * *

Have we gone utterly mad?

"He omitted to to tell them for 10 months that he had shifted 200km to a new job". That hardly warrants this type of over-reaction.

I wonder if they are the same little men who have allowed a so called gentleman with the surname of Zaoui to stay where we are paying for his upkeep, spending money, clothing, medical and legal bills.

Here is an immigrant contributing in taxes, knowledge and mechanical experience, who is in trouble because he forgot to tell some person he had shifted ... maybe he should have torn up his passport as well.
- Brian Sullivan

* * *

I think that Mr Penfold should be fined for his tardiness. But to make the family suffer considering they have gone through the stress of moving countries, starting new jobs and schools, finding homes and getting organised, is unfair.

Showing some compassion is not going to show up immigration as weak but merely as a law-enforcing agency agency that considers breaches in light of the bigger picture.
- Ron Randall

* * *

I don't understand how the Immigration Department works. On one hand, you have the refugees and people from the South Pacific breezing in, claiming residence on unjustified grounds.

On the other hand, we have families like the Penfolds, hard-working immigrants, honest tax payers, law-abiding citizens and the sort of people we need to make this country a better place.
- Ken Khatib

* * *

What a sick world we live in when doing the right thing lands you in more trouble than lying or remaining silent would have.

This poor man did the right thing. Yes, he was late, but he did it.

Should he and his family pay for that? I think not.
- C Taylor

* * *

I cannot believe the Immigration and Labour department staff are threatening Gavin Penfold and his family with deportation because he forgot to notify them of change of employer and relocation to Auckland. He is still in the same occupation as when he first came 15 months ago.

He is obviously skilled and his employer wishes to retain him. Yet we have about 20,000 or more overstayers and illegal immigrants in this country, many of whom are a drain on taxpayers, some even sitting prisons.
- Jill Jeffs

* * *

What the hell is going on in New Zealand with the immigration Department? As a Kiwi living in the United States knowing what it is like trying to make a new life for my family, this seems to be a rather strong reaction.

Are things really as bad as all that? Are they criminals? Are they bad people? They applied and were granted permission to settle. They make one "little mistake" and we have to send them home and make them reapply.

Give them a break, where is the Kiwi compassion? Does it no longer exist?
- Tom Wilson

* * *

These people are willing and capable of supporting themselves, unlike a lot of welfare-dependent New Zealanders.

They have gone to great lengths to get here, and they deserve to be treated with dignity.
- David Ross

* * *

Do we have so many good hard working people in this country that we can afford to turn away new migrants because they make a simple mistake that hurts no one? I think not!
- Donna Sands

* * *

Of course they should be allowed to stay. To deny them residency for such a trivial oversight as non-notification of a job change makes a mockery of the Government's intention of attracting new migrants and a case of rampant bureaucracy.
- H.van Beek

The counter view

They should get out of the country NOW.

Don't wait until they are sent, just go to the airport today and get on the first flight out of New Zealand.

I'm really tired of people who don't follow the rules, and then put on a sob story.
- Mike Macdonald

* * *

There is more to this than they are telling us, no doubt entered New Zealand on guarantee to work in a Region and obviously broke the requirement. Go Back to South Africa
- P Marriott

[Singel]

South African family waits on decision by minister

10.03.06
By David Eames

Ministerial intervention is now the only thing that can save a South African family from deportation because of failing to notify authorities of a change in job.

Gavin Penfold last night told the Herald he has removed his children from school, and given up his job, while the family awaits the outcome of an appeal to Associate Immigration Minister Clayton Cosgrove.

The family will have to survive on savings until the application is considered.

"It's going to be a long weekend, but we will get there eventually, I hope," Mr Penfold said.

He also met border control staff yesterday, and was offered the opportunity, once again, to leave New Zealand voluntarily. He refused, but the matter was put on hold while the application was reviewed.

Mr Penfold arrived in New Zealand with his wife, Lorinda, and children Michene, 10, and Tristan, 5, in December 2004.

After working in Whangarei for about six weeks, Mr Penfold accepted a position with an Auckland car dealership.

But it was 10 months before he notified immigration officials of the change in his employment, and the Labour Department now considers Mr Penfold to have been working illegally, and has branded the family as overstayers.

He met Epsom MP Rodney Hide yesterday to formulate the appeal to Mr Cosgrove's office.

Mr Hide said he considered the Penfolds to be "exactly the sort of people we want in New Zealand" and he would be putting "a strong case to the minister" to allow the Penfolds to remain in the country.

He said the Penfold case highlighted the "upside down things" about New Zealand.

People who came to this country to "work and get ahead" received no help, but "we fall over backwards" for freeloading immigrants, he said.

"They cost the taxpayer a fortune."

The Labour Department said yesterday Mr Penfold had applied to vary his work permit in 2005 after admitting he had breached it. He appealed against the decision and applied twice for a new permit but had been turned down each time.


New Zealand their haven from violence

The Penfolds came to New Zealand from South Africa because they wanted to live in a country where the first reaction to a late-night telephone call was not "Who has been murdered?"

Crime, or the constant threat of it, was the main reason Gavin Penfold decided to move his family from their native Capetown to New Zealand.

"You live in constant fear that something is going to happen to your family", the 30-year-old father of two told the Herald yesterday.

A number of his relatives had been victims of violent crime, and he was once held hostage during a robbery.

Mr Penfold left a job as a sales manager for Rover, and his wife, Lorinda, had worked for the American Embassy in Pretoria before they moved to New Zealand in December 2004.

In New Zealand he no longer had to worry when his wife was "late home from the grocery store", and was happy to allow his children - Tristan, 5, and Michene, 10 - to walk home alone from school.

"We don't have that fear in us any more. When you hear a noise at night, it's probably something blowing on the roof, not someone trying to break in."

The safety of her children was the motivating factor behind a move to New Zealand for Mrs Penfold, as well.

She had had enough of a city where "you can't even let your kids walk to school".

Mrs Penfold said the looming threat of deportation worried her husband.

"He is very worried, he doesn't sleep.

"If it was a safer place to go back to, that would be different."

Mr Penfold yesterday lodged an appeal to the office of Associate Immigration Minister Clayton Cosgrove, in the hope of a gaining a reprieve from deportation.

http://www.nzherald.co.nz/section/story.cfm?c_id=1&ObjectID=10371937

[Singel]

NZ Herald Editorial : Migration rules must be followed

Friday, March 10, 2006

At a first glance, it is easy to view the case of Gavin Penfold and his family as one of bureaucracy gone mad. Why would the Department of Labour send back to South Africa a man who has worked in his chosen occupation since arriving here in December 2004, and who has one of his two young children at school in Auckland? A closer examination suggests, however, that the department's approach is valid, given the need to protect the integrity and intent of this country's immigration regime.

Mr Penfold's work permit has been revoked and a residency application rejected, giving him and his family the status of overstayers, because he failed to notify the Department of Labour of a job change. Six weeks after arriving in Whangarei to take up a job at a motor vehicle dealership, he left to work for an Auckland dealership. The department was only told of the change about 10 months after the Penfolds moved to Auckland. That, it said, was too late for its liking.

The Penfolds have now been advised that it would be better for them to return to South Africa and then reapply to enter New Zealand. They fear every knock at their door will signal an enforced end to their stay here. Theirs is an unfortunate situation. But it is one that would have been avoided had they taken the terms of entry to this country with appropriate seriousness.

Mr. Penfold's work permit had two important stipulations. One, completely standard, was that any variation, such as a change of job, had to be notified to the department immediately. The other, more specific, was that he was allowed to work only as a sales consultant at the Whangarei dealership. For someone keen to forge a new life here, these conditions should have been imprinted on the mind. They are too important to ignore or to be subject to a bout of forgetfulness. As is the department's clear warning that employees from overseas who break any entry conditions may be required to leave the country immediately.

The stipulations are quite reasonable. It was a considerable point in Mr Penfold's favour that he was to live in Whangarei, first because of a shortage of workers qualified to do his job there. Additionally, immigration officials are keen for migrants to settle in provincial areas, thereby taking some of the infrastructure burden off Auckland, in particular. It is unrealistic to expect most of them to stay in the provinces in the long term; they will shift to the bigger cities both for work opportunities and to be close to others from their country of birth. But Mr Penfold's six weeks in Whangarei made a mockery of the permit. If unaddressed, it would hardly encourage other provincial employers to offer work to prospective migrants.

There is also good reason for the department's demand to be advised of any change of job. Immigration officials need to be advised of any change of job. Immigration officials need to keep tabs on people on work permits. If they cannot, overstaying becomes a much easier proposition. That, obviously, is not a prospect to be encouraged.

Understandably, the Penfold family's plight has attracted sympathy. But so, too, and to a greater extent, should the predicament of immigrants with a far higher level of skill who have failed to find a job commensurate with their talent and educational qualifications. The tales of doctors from the Indian subcontinent and elsewhere driving taxis are still not the stuff of fiction. If immigration policy is failing, it is there.

In terms of the Penfolds, the department's advice is sound. They should go back to South Africa and, if they still wish to build a new life here, reapply to return. And, this time, treat the conditions under which they are granted entry with far more gravity.

[foolsgold99]

You seem very interested in this Ivy, but haven't posted your opinion yet, what do think ??

[Singel]

Oh, I thought the people here might want to know how the story progress and end, hence the information.

Anyway, this reader sum up my thoughts............................

Have we gone utterly mad?

"He omitted to to tell them for 10 months that he had shifted 200km to a new job". That hardly warrants this type of over-reaction.

I wonder if they are the same little men who have allowed a so called gentleman with the surname of Zaoui to stay where we are paying for his upkeep, spending money, clothing, medical and legal bills.

Here is an immigrant contributing in taxes, knowledge and mechanical experience, who is in trouble because he forgot to tell some person he had shifted ... maybe he should have torn up his passport as well.
- Brian Sullivan

[willsken]

Oh, I thought the people here might want to know how the story progress and end, hence the information.

Anyway, this reader sum up my thoughts............................


Have to say I agree with Ivy. Somewhere along the line, in all areas of life, we seem to have lost the ability of treating every "case" as having individual circumstances and merits. Yes the man got it wrong but he and his family are still assets to the country. Hardly crime of the Century. :uhoh

[Hannah]

Any idea what happens if you have a work permit for a specific job and then you leave that job? Do you automatically revert to a visitors visa (ie. as a UK citizen) by default?

My partner left his job last month - does he need to let NZIS know? We are just about to submit an ITA and never even thougth of this. The letter that came with the work permit says we need to let them know if he changes jobs but not if he leaves the job. This has never occured to me until i read this thread tonight.

this is not the job we are claiming points for as I have a job offer and am principal applicant. Our EOI just stated that I have a job offer and my partner doesn't, but we haven't explicitly told them that he has left his job.

??????????????

[Singel]

Let them stay, says migrant's first boss

11.03.06
By David Eames

The man who first employed South African car salesman Gavin Penfold - who faces deportation after a work permit bungle - is $10,000 out of pocket but remains philosophical about his former employee's right to stay in New Zealand.

Kelly Illerbrun, managing director of IC Motors in Whangarei, said he paid a recruitment agency about $10,000 in fees to advertise for and hire each of his foreign workers.

IC Motors employs 45 staff, nearly 30 per cent of whom are immigrants. The company employs Filipinos, Fijian Indians and South Africans.

It was forced to hire overseas workers due to a national lack of mechanics, specialist technicians and other qualified vehicle-industry staff, Mr Illerbrun said.

Mr Penfold was employed in December 2004 to manage IC's Hyundai franchise outlet in Whangarei. But the 30-year-old fell foul of immigration authorities when he left IC motors after about six weeks to take up a position with an Auckland vehicle dealership.

Mr Penfold neglected to tell the Labour Department of his new job until about 10 months later. As a result he, his wife and their two children face removal to South Africa.

The family has lodged an appeal with Associate Immigration Minister Clayton Cosgrove.

Mr Illerbrun said that although Mr Penfold needed "a kick in the arse" for not following the correct procedures, immigration officials could be "making an example of him".

"New Zealand needs good people. I have to say, if I was voting on it I would be sympathetic" to the Penfolds.

He believes that if Mr Penfold was to voluntarily remove his family from New Zealand and reapply for entry, immigration bosses would likely "blacknote" him and prevent his return.

Mr Illerbrun - himself the child of immigrant Canadians - said he understood that a move from a foreign city to somewhere such as the Far North could be a culture shock.

As a result, he tried "to paint as clear a picture of what they are applying for" as possible.

"I'm not trying to talk up Whangarei over Auckland ... There's only six cappuccino bars downtown, as opposed to 25."

Mr Illerbrun said it was "unfortunate" Mr Penfold chose to leave Whangarei after such a short time, but "you can't keep a good man down".

He said many South Africans had trouble getting used to life in New Zealand, particularly those who settled in out-of-the-way places such as Whangarei.

Life in South Africa could be a lot more comfortable than in New Zealand "if you take away the drama of being shot first thing in the morning".

Despite his hefty financial loss, Mr Illerbrun said he would re-employ Mr Penfold "in a heartbeat".

"Gavin has a lot of attributes as far as bringing something to New Zealand."

But it did not appear Mr Penfold believed there was an immigration process that had to be followed for him to live in New Zealand legally, he said.

"Bottom line, he is well aware of his obligations and what he has to do."

The story so far

* Gavin Penfoldmigrated from South Africa with his family, taking a job in Whangarei in December 2004.

* Six weeks later he moved to another job in Auckland.

* It was 10 months before he informed immigration authorities of the move.

* The delay meant he had breached his work conditions, and was working in New Zealand illegally.

* The Penfolds could now be deported, unless they win a reprieve from Associate Immigration Minister Clayton Cosgrove.

http://www.nzherald.co.nz/section/story.cfm?c_id=1&ObjectID=10372134

[Singel]

Readers' Views: The Penfold family from South Africa
10.03.06
* * *
Have we gone utterly mad?

"He omitted to to tell them for 10 months that he had shifted 200km to a new job". That hardly warrants this type of over-reaction.

I wonder if they are the same little men who have allowed a so called gentleman with the surname of Zaoui to stay where we are paying for his upkeep, spending money, clothing, medical and legal bills.

Here is an immigrant contributing in taxes, knowledge and mechanical experience, who is in trouble because he forgot to tell some person he had shifted ... maybe he should have torn up his passport as well.
- Brian Sullivan

People might be wondering who is Zaoui, so here is the latest about him......................

Zaoui should go back home, says NZ First

11.03.06
By Geoff Cumming

New Zealand First called on Ahmed Zaoui to get on the next plane to Algeria after learning of the amnesty for members of his former political party, the FIS (Islamic Salvation Front).

"Zaoui should now return to his homeland, which he said on his release from prison was his ultimate aim, and cease to be a burden to the New Zealand taxpayer," New Zealand First deputy leader Peter Brown said on Wednesday.

Brown said the amnesty left Zaoui's claim to refugee status "very shaky" and the more than $2 million in costs he had inflicted on the New Zealand taxpayer were for nothing.

But Zaoui's lawyer, Deborah Manning, maintained the amnesty was a farce and that for him to qualify, he would have to confess to crimes he does not believe he is guilty of. Once back in Algeria, he would not have the freedom to speak about what had happened in the troubled African country.

Zaoui, a professor of Islam, landed in New Zealand in December 2002 seeking refugee status. But in March 2003 the Security Intelligence Service issued a security risk certificate against him and he was remanded, first to Paremoremo maximum security and then to Mt Eden Prison, until his release on bail in December 2004.

The non-violent FIS was outlawed after a military coup in 1992 and Zaoui was sentenced to death in absentia by an Algerian court. After fleeing the country, he was branded a member of terrorist group the GIA (Groupe Islamique Arme), a link he has consistently denied.

The Government is waiting for the SIS Inspector-General's report on his security classification before the Immigration Minister makes a final decision on Zaoui's fate.

If you want to know more about Zaoui in NZ, here is the link : www.nzherald.co.nz/feature/index.cfm?c_id=549

[Singel]

LETTERS TO THE EDITOR OF NZ HERALD
11.03.06

Unanswered questions behind Penfold plight

* * * * *
The Penfold family's immigration situation raises broader issues than simply failing to apply for a variation of condition.
Did the Department of Labour provide Mr Penfold with a list of the conditions attached to his permit and point out the penalty for breaching them?
When he moved why was the work permit validity not checked by his new employer?
That Mr Penfold raised the issue indicates he was not intending to deceive.
How many other immigrants are in breach of their permit conditions and thus in New Zealand illegally?
Given that most new arrivals are usually disoriented, confused and having to make rapid adjustments to their altered circumstances, it would not be surprising if a detail, which is not clearly defined and understood, is occasionally overlooked.
Rather than boot his family out of our country, perhaps the department should take the opportunity to review its processes.
- TREVOR CROSBIE, Hamilton

* * * * *

If South African Gavin Penfold is given a ministerial reprieve (as he should), one requirement should be that he finds another job in Whangarei (or another provincial city) and completes his legal requirement to work two years in the occupation, as listed on his work permit.
Immigrants should be made aware of their legal requirements and monitored more closely. Most of your correspondents feel that the Labour Department is wrong to want to deport Mr Penfold.
I wonder if they would have that opinion if he was not a white, English-speaking European from another rugby-mad country.
- DAVID BOSKETT, Stanmore Bay

* * * * *

I agree with Rodney Hide that "we fall over backwards for freeloading immigrants".
Let's do an analysis of who really gets to stay here, who really has their errors brushed under the carpet to reveal the true picture of what is taking place.
- LAURINE CURRIN, Devonport

* * * * *

[Singel]

........................... :roll :uhoh :confused:

Jailed Chinese kidnapper can stay

15.03.06
By Derek Cheng

A Chinese student who was to be deported for his role in a kidnapping, assault and robbery in 2002 has been granted permission to stay in New Zealand.

Bo Fan, 24, was issued with a deportation order in August 2004 after being convicted over the incident, in which he and three friends beat a man, threw him into a car and drove him to an isolated beach.

They threatened him and took him to two ATMs where he was forced to withdraw and hand over $1000. In May 2003, Fan was sentenced to 3 1/2 years in prison.

The abduction occurred during a spate of Chinese student kidnappings. At its peak, police dealt with at least one such incident in Auckland every week, which shocked the local Chinese community and led to questions in China over whether New Zealand was a safe haven for students.

Such doubts are thought to be a factor in the subsequent decline in the number of Chinese students.

In quashing Fan's deportation order, the Deportation Review Tribunal cited the stress it would have caused his mother, Jing Chen, and father, Zhi Jun Fan.

"We accept that he shares a close relationship with both parents and is emotionally reliant on them," the tribunal's report stated.

"We find that both his parents would suffer considerable emotional hardship if Fan were deported back to China, particularly in view of [Zhi Jun Fan's] ill health (including a heart problem) and the unlikelihood now as a New Zealand citizen that he [Zhi Jun Fan] would return to China to live."

The ruling has angered South African man Gavin Penfold, who faces removal after he changed jobs last year but did not tell the Labour Department until 10 months later.

"If you ask me, it's absolutely ridiculous to allow a man like [Fan] to stay in this country. If you let these kinds of people stay ... it makes you wonder."

Act leader Rodney Hide said the decision was "extraordinary".

"This case highlights the topsy-turvy nature of immigration policy, where they move to throw out of the country a hardworking, honest family - the Penfolds - and yet keep in a convicted criminal.

"Let's hope sanity prevails and we start running an immigration policy that has the best interests of New Zealand at heart and we seek the best immigrants for New Zealand. And convicted criminals don't fit that category."

Mr Penfold, his wife and their two children have lodged an appeal against their removal with Associate Immigration Minister Clayton Cosgrove.

They are expecting a decision on Friday or early next week.

In making its decision on Fan's fate, the tribunal weighed up the effects of the deportation on his family against his offending.

It found that Fan was relatively young at the time of the offence, had expressed genuine remorse, had led a positive life since his conviction and that remaining here would not be "contrary to the public interest".

He had taken steps to rehabilitate himself. It acknowledged the offence was serious, though it lasted less than one hour, and that Fan had two minor driving infringements to his name.

Fan, a Chinese citizen, is now training to be a chef. He converted to Christianity while in prison and regularly attends church. Efforts to contact him last night were unsuccessful.

The Immigration Service granted him a residence visa under the Family Dependent Child policy in 1987 and he arrived in New Zealand in 1997 on a residence permit.

Under the Immigration Act, the Immigration Minister may deport any holder of a residence permit who has been convicted of two offences committed within five years of being granted a permit, where each offence may result in one year in prison.

Immigration Minister David Cunliffe refused to comment on Fan's case, saying the order was issued before he took over the portfolio and he did not know the background.

[Singel]

Respite for South African family

22.03.06
By David Eames

A South African immigrant threatened with removal after a work-permit blunder has won the first round of his fight to remain in New Zealand.

Associate Immigration Minister Clayton Cosgrove yesterday granted Gavin Penfold and his family the right to remain in the country while the vehicle salesman applies for a new work permit.

An 11th-hour appeal to the minister has paid off, with Mr Cosgrove ruling the Penfolds can stay, "subject to [Mr Penfold] meeting the standard criteria for a work permit under general work policy".

In the decision, he said: "It is not my normal practice to intervene in the established immigration application process".

Mr Penfold will not have to pass "health and character requirements" in his application, but "the remaining criteria must be fully assessed to ensure there are no New Zealanders with the requisite skills and work experience to fill any offer of employment", a letter from Mr Cosgrove's office said.

If the application is successful, Mr Penfold will be issued a work permit for a year.

His wife, Lorinda, will receive a one-year visitor's permit and his children will each receive a one-year student permit.

Mr Cosgrove asked the Labour Department to "expedite" Mr Penfold's work permit application, but warned the family his letter was no guarantee the application would be successful.

Mr Cosgrove said he could not comment on the Penfold case, as he had been advised by his department that a waiver which Mr Penfold had signed did not apply to him.

He said any person could make a representation to him as associate minister asking for intervention in an immigration matter and he dealt with each case - "a couple of hundred a week" - on its merits.

There were no precedents created by his decisions and he was not required to give reasons for individual decisions.

Mr Cosgrove said requirements for work permit holders to inform the department of a variation in their circumstances, such as wanting to move cities, existed to track overstayers who wanted to bypass the system.

But the requirement for a work test was to ensure migrants were not taking jobs from New Zealanders - "that there are not Kiwis out there who could fill those positions".

Mr Penfold was last night celebrating the minister's decision, but admitted he would feel "a lot better when we get that permit in our hands".

The decision marks the end of an anxious time, he said.

"The past week, it has been really, really tense. It was getting to a stage today when we were just wanting some sort of outcome."

Being without work for weeks has added to the stress on Mr and Mrs Penfold, and on their children, who cannot return to school until their father's permit has been approved.

Mr Penfold said he had tried to remain positive throughout the appeal process, but considered his chances "about 50/50".

He is still worried about being "too positive".

Mr Penfold intends to formally reapply for the position he held with Newmarket European in Auckland, and expects to submit his work permit application by Friday.

He hopes to be employed again by early next month.

http://www.nzherald.co.nz/section/story.cfm?c_id=1&ObjectID=10373852

[Bergita]

Ok this is a really old thread, but I have to comment! Firstly Yarpie!! Omw, never thought I'd see non-South Africans calling us Yarpies. In South Africa, we call people who have never been in a big city jaapies, or plaas-jaapies. A 'plaas' is a farm and a jaapie is someone from the sticks. It's kind of insulting... but I can take it. :D

Secondly, I do wonder whatever happened to the Penfold family? I truly feel for them. We want to emigrate purely for security reasons - we don't expect to get rich, we don't expect to live like kings, but we do expect less stressful environment. Work and domestic stress aside, there is a constant sensation of stepping on eggshells. Will you be safe today? Will everyone you love make it through today? Will you say something in all innocence that will be perceived as derogatory to the majority in the country?

I'm not trying to over-dramatise here, to be honest, I lead what I suppose you would call a middle-class life, but I have a child now, and I don't want her growing up somewhere where there's a strong possibility of someone she knows falling prey to violence.

Ok, I'm off my soapbox. I mainly wanted to comment on the yarpie thing. It made me laugh even though I was faintly insulted.

[High]

Hiya!

I totally agree with you - I also feel insulted. Especially as it is apparently derived from a so-called Afrikaans word that doesn't even exist!!!!!!!

Oh well.

Does anyone know what the outcome of this poor guy's situation is? I feel so sorry for him....whilst reading this post I actually had a panic attack just THINKING about how they must feel about returning to SA. When I think of living there all I can remember is the knivings, the murders, the armed robberies - I pity anyone who has managed to leave and then has to go back again. :(