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jess
5th December 2006, 10:05 AM
Saw this in the NZ Herald today. Didn't see it posted elsewhere here, but forgive me if it's already been put up. Mainly deals with overstayers...


Stricter migrant rules to be unveiled
Tuesday December 5, 2006
By Ruth Berry

Tough new immigration laws to be unveiled today will make it easier to expel unwanted overstayers, but the Government claims to have watered down some proposals after concerns were expressed about human rights issues.
Immigration Minister David Cunliffe will give details of a review of the Immigration Act, and subsequent Cabinet decisions, this afternoon.
Widespread changes have been foreshadowed - including slashing the number of independent immigration appeal authorities from four to just one.
This will quash the multiple avenues of appeal now available and shorten the time the process takes.
The Residence Review Board, the Removal Review Authority, the Deportation Tribunal and the Refugee Status Appeals Authority are expected to be merged into a single immigration and refugee appeals tribunal.
The Government also wants appeals against expulsion on humanitarian grounds by illegal overstayers to be restricted to fewer categories of people. And it wants legislative provisions for excluding non-citizens from entering New Zealand to be broadened and strengthened.
Clearer processes, including fewer steps, are also expected around the actual expulsion of overstayers.
The Government received nearly 4000 submissions on its discussion document on proposed changes to the act, of which 360 were not form letters.
A further 650 people attended public meetings.
Mr Cunliffe told the Herald yesterday: "We have thought very, very carefully about what we've heard from the public and we've made a number of changes to the discussion document, some of them reasonably significant.
"There were a number of issues raised in the human rights area, there were some health issues raised, and some people felt that perhaps the powers of immigration officers might be going a bit too far."
The result was "something of a rebalancing to take account of the concerns that have been raised".
He would not give details of those concerns raised or the final shape of the appeals process.
Among other issues, human rights concerns may have been raised about plans to extend the use of classified information.
The discussion document proposed allowing classified information to be used for all forms of immigration decision-making without disclosing it to the applicant.
Classified information cannot generally be used, unless it relates to a security risk, as in the case of the Algerian Muslim politician Ahmed Zaoui - where its use was controversial.
Aspects of the act relating to security risks - Part 4A - have been excluded from the review until the Zaoui case is resolved.
The Immigration Minister and Associate Immigration Minister were set to pass a considerable amount of their work to immigration officials under the proposed changes.
This would include giving senior officials the power to make exceptions to residence policy - a job normally done by the associate minister.
The Government was further considering requiring a person to exhaust all avenues of appeal before seeking ministerial intervention.
A single document system based around visas will replace the current two-tier visa and permit system, essentially making it easier to use.

Jax
6th December 2006, 01:26 AM
Not much substance, supposedly processes coming in to make it easier for skilled workers?

http://xtramsn.co.nz/news/0,,11964-6656215-300,00.html

wiki
6th December 2006, 01:35 AM
There's an article here from Stuff following some of that up.

http://www.stuff.co.nz/stuff/0,2106,3889372a10,00.html

Hannah
6th December 2006, 09:23 AM
I just looked up the www.stuff. website and read this....

"Other key changes include a new integrated visa system, a single appeal for would-be-refugees, the ability to deport new New Zealand citizens with fewer than five years' residency, a graduated system of time-limited bans on re-entry to New Zealand, and the use of data-matching between immigration and social service agencies".

What the heck is the 'ability to deport NZ citizens with fewer than five years' residency' all about???? Why????? Have i missed something???!!!!!!

wiki
6th December 2006, 09:26 AM
Not sure, but it might be that if you get PR and move to NZ and after a year try to blow up the Beehive, they'd be allowed to take your PR off you and ship you back to your home port...

I don't think it's something they'd just do randomly. At least, I hope not!

jess
6th December 2006, 10:29 AM
Everything I've read has indicated that these changes are aimed not at people going through the kinds of skilled migrant and family or partner sponsorship you're likely to find on this forum, but instead are directed at dealing with political refugees (perhaps sparked by Ahmed Zaoui's long case) and ministerial issues (eg MP Taito Field having a minister put through a residence visa for an overstayer who tiled his house).

They seem to be trying to deal with both corruption and post 9/11 considerations, allaying a public fear that they might be letting in terrorists. Thus "the ability to deport new New Zealand citizens with fewer than five years' residency..." if it turns out they are here under false pretenses or are taking part in serious illegal activity.

The only way I can see these changes affecting those going through the skilled migrant category is that the avenues for appeal if you are rejected for medical or ethical reasons might be fewer than before. I just say that based on the way they are streamlining the appeals process and removing possible options.

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