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Thread: Former immigration minister 'offering false hope'

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    Default Former immigration minister 'offering false hope'

    Former immigration minister 'offering false hope'
    Last updated 08:47 27/08/2009

    Former immigration minister Tuariki Delamere is offering false hope by claiming thousands removed from the country as overstayers can now appeal, Immigration New Zealand says.

    A Supreme Court decision last month involving Chinese overstayers highlighted legal flaws in the way immigration officials dealt with overstayers who had children or spouses who were New Zealand citizens.

    Immigration must consider the humanitarian circumstances of New Zealand citizens affected by the removal of overstayers, Mr Delamere told Radio New Zealand.

    Mr Delamere, now an immigration consultant, will travel to Samoa tomorrow to advise former overstayers there they may be able to appeal their removal from New Zealand.

    Immigration New Zealand head of legal services Graeme Buchanan said he would be "very surprised" if the Court's decision offered any hope for overstayers already in Samoa.

    Appeals under the Immigration Act must be made within three months, he said.

    "Mr Delamere has a business I suppose and he's running it."

    Mr Delamere will offer to take anyone who wishes to appeal on as a client.

    For most of those he will visit in Samoa the circumstances of citizen children or spouses were not considered, he said.

    "I've talked to wives here and they were never interviewed, they were never asked what would happen to their children as far as them becoming orphans and the fact the families are split up.

    "In New Zealand children have the right to live with their parents."

    Mr Delamere said he had discussed the issue with lawyers who said "there seems to be issues that could well open the door for people".

    "It's based on individual circumstances."

    The decision raised "interesting questions" about a small part of the immigration process, Mr Buchanan said.

    Mr Delamere's view that individual circumstances were never considered was "patently wrong".

    "What they (the court) said was at the end of that process we applied the wrong legal test (for removal from New Zealand)."

    The correct test would involve considering "exceptional circumstances", Mr Buchanan said.

    The families involved in the Supreme Court case were "at the top" of immigration's list for review, he said.

    Lawyer Satiu Simativa Perese was more cautious than Mr Delamere.

    "Although the door has been opened. . .and greater transparency comes through this decision, you don't know whether you will get the same result."

    NZPA

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    Default 3000 overstayers could have cases reopened

    3000 overstayers could have cases reopened
    4:00AM Friday Aug 28, 2009
    By Lincoln Tan

    Up to 3000 overstayers with New Zealand-citizen children will be able to file their cases for reconsideration, says an immigration lawyer.

    "I don't expect there to be a flood of appeals, but I think there will definitely be renewed interest now after the Supreme Court decision," said lawyer Richard Small, who is organising an immigration clinic for the Tongan Community in Onehunga this afternoon, where he expects the issue of overstayer appeals to be "quite high" on the agenda.

    A Supreme Court decision last month involving two Chinese overstayer parents with citizen children highlighted legal flaws in the way immigration officials dealt with the issue.

    The court upheld the appeals in both cases, and formally dismissed the Immigration Minister's cross-appeal.

    Former Immigration Minister Tuariki Delamere, now an immigration consultant, is in Samoa to advise former overstayers there that they may be able to appeal their removal from New Zealand.

    Mr Delamere will offer to take anyone who wishes to appeal on as a client, and said he had discussed the overstayer issue with lawyers who said there are issues that could well open the door for people.

    More here.
    Mother Bear

    Try to bloom wherever you are planted.

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