Archives
1998
24
December 1998 Amendments to the NZIS Operational Manual
12-13
December 1998 Refugee
Hostel facing closure
9 December 1998 Judgment in Choudry v Attorney-General (CA:NZ)
13 November 1998 Refugee claimant released from custody
6 November 1998 Judgment in A v Refugee Status Appeals Authority (HC:NZ)
21 October 1998 Visa-free status of Indonesian citizens suspended
15 October 1998 China student quota increased
26 September 1998 Suspected Lebanese terrorist deported
31 August 1998 Changes to Cabinet announced
20 August 1998 Immigration Amendment Bill introduced
26 July 1998 Associate Minister criticises cost of stowaways
30 June 1998 Changes to transit visa requirements announced
17 June 1998 Changes to Chinese student quota announced
4 June 1998 Judgment in Pushpanathan v Canada (Minister of Citizenship and Immigration)
7 May 1998 Refugee changes criticised
6 May 1998 Government announces changes to refugee procedures
2 April 1998 Judgment in A v Refugee Status Appeals Authority
6 March 1998 Minister announces intention to change refugee procedures
3 January
1998 Debate over proposed instant carrier fines
24 December 1998 Amendments to the NZIS Operational Manual include the changes approved by Cabinet on 6 April 1998 to refugee procedures.
[New Zealand Immigration Service, Amendment Circular No. 98/19 (24 December 1998)]
12-13 December 1998 The Auckland Refugee Council has requested a grant from the Auckland City Council to make up a $27,000 shortfall in its budget. The Lottery Grants Board cut funding to the Auckland Refugee Council in 1998, and the Community Organisations Grants Scheme has reduced its funding. Because of the budget shortfall the Auckland Refugee Council may have to close its Sandringham hostel, which between March 1997 and June 1998 housed 209 refugees and turned away a further 113 people. Auckland Refugee Council member David Ryken is reported as blaming the declining funding on the negative attitude of the Government towards spontaneous asylum-seekers and as saying that there was a false perception that many were not genuine refugees. He said that the hotel's medical services were important because some asylum-seekers had HIV or tuberculosis. A Department of Internal Affairs spokeswoman said the cut in the contribution from the community organisations grants scheme was due to a squeeze on funds. A lotteries welfare committee spokeswoman said the application by the Auckland Refugee Council for $25,000 was declined this year because administration funding was a low priority. Auckland Mayor, Christine Fletcher asked that the whole matter be referred to the City Advocacy Committee.
[Martin Johnston, "Funds cut brings closure threat to refugee hostel", Weekend Herald, December 12-13, 1998, p A10; Kate Belgrave, "They're here because they fear", Weekend Herald, December 12-13, 1998, p A10]
9 December 1998 Judgment was delivered in Choudry v Attorney-General (CA 217/98, 9 December 1998, Richardson P, Thomas, Keith, Blanchard & Tipping JJ). While the decision considers the powers of the Security Intelligence Service under the New Zealand Security Intelligence Service Act 1969, the observations of the Court on the meaning of the terms "security" and "national security" may have application in the refugee context.
13 November 1998 A refugee claimant from Algeria was released from Mt Eden prison after 10 days in custody.
["Fugitive wins freedom" Weekend Herald November 14-15, 1998, p A 5].
6 November 1998 Judgment was delivered in A v Refugee Status Appeals Authority (High Court, Auckland, CP 310/98, 6 November 1998, Nicholson J). The facts and holdings are to be found at the Case Search page of RefNZ.
21 October 1998 The Immigration Amendment Regulations (No.4) 1998 (SR1998/320) and the Immigration (Transit Visas) Amendment Regulations (No.2) 1998 (SR1998/321) came into force. These Regulations (a) remove citizens from Indonesia from the list of persons who are exempt from the requirement to obtain a temporary visa; and (b) add Indonesia to the list of countries whose citizens require transit visas before they can proceed to New Zealand as transit passengers on certain routes.
In relation to these changes, the Minister of Immigration was reported as saying that Indonesia's visa-free status was being suspended because of a dramatic increase in the number of Indonesians seeking asylum in the past six months. More than 300 refugee applications had been received in the past four months from Indonesians who had come to New Zealand on three-month visitor permits. Fifty four applications had been received in the first two weeks of October 1998 alone. The Minister was reported as saying that this was a very serious trend and by suspending the visa-free status for Indonesian nationals New Zealand was better placed to manage the risk of people seeking refugee status once they arrive.
["Visa-Free Status on Hold", New Zealand Herald, 22 October 1998, pA3].
15 October 1998 The Minister of Immigration announced that the People's Republic of China Student Quota will be increased from 1,000 places to 4,000 places each year with effect from 1 November 1998. This increase of 3,000 places is expected to provide a net benefit of about $30 million in international student sales and benefit a wide range of education providers in secondary, tertiary and English language training instructions. The Minister stated that while the quota was being increased to take advantage of increased demand, the cap was being retained in order to manage potential risks such as overstaying and asylum-seeking. All applications will be processed carefully to ensure that applicants, particularly those applying for short-term courses, are genuine students, not opportunists trying to avoid the proper migrant processes, the Minister said:
[Hon Tuariki John Delamere, Minister of Immigration, "3,000 More Student Places for People's Republic of China", New Zealand Executive Government Release Archive 15 October 1998].
26 September 1998 A Lebanese man was deported from New Zealand following an unsuccessful application for refugee status. After initially being given a three month visitor's permit on arrival at Auckland Airport, the man was detained by Customs officers who noticed that he had a false passport. He was subsequently detained in Mt Eden Prison. The man was said to be a member of a number of radical Islamic groups in Lebanon, one of them a terrorist group. He was involved in weapons training and had himself been detained and tortured. The man's application for refugee status was declined, the Refugee Status Branch holding that although he had a well-founded fear of persecution, he was excluded from the protection of the Refugee Convention because his activities in the terrorist group meant that there were serious reasons for considering he had committed crimes against humanity. The man’s lawyer, expressed concern that his client had been deported a day after his refugee application had been declined, and also claimed that his client was a “genuine freedom fighter” who is likely to be executed or face serious harm in Lebanon. The New Zealand Immigration Service has stated in reply that the man was given an opportunity to appeal the decline of refugee status, as appeal papers were faxed to him and his lawyer the night before he was deported.
[“Suspected terrorist sent home”, New Zealand Herald, 23 September 1998, pA3; “Deportee appeal”, New Zealand Herald, 24 September 1998, pA13; Warren Gamble, “Violent past ends hope of refuge”, Weekend Herald, 26-27 September 1998, pA6].
31 August 1998 The Prime Minister, Jenny Shipley, has announced changes to Cabinet and created new “super Ministers”. Bill Birch, Max Bradford, Roger Sowry and Tony Ryall have been appointed as team leaders. One of their assignments will be to create a new border control agency. The new Minister of Immigration is Tuariki Delamere, who is a Minister outside Cabinet.
[Andrew Luxton, “PM gives notice of big state shakeup”, New Zealand Herald, 31 August 1998, p1; “Shipley’s selections”, New Zealand Herald, 31 August 1998, pA5].
20 August 1998 The Immigration Amendment Bill was introduced in Parliament. In the Explanatory Note the Bill lists among its principle objectives:
[Hon Max Bradford, Minister
of Immigration, "Immigration Amendment Bill Introduced", Media Release,
20 August 1998; Immigration Amendment Bill No. 183-1].
26
July 1998 The Associate Immigration Minister, Nick Smith, criticised
the high cost of stowaways to the New Zealand tax-payer. In 1995 thirteen
African stowaways jumped ship at Nelson. Three of the stowaways were subsequently
granted refugee status. The ten stowaways who were declined refugee status
have been challenging their decline in the Courts. One of the stowaways
was deported after he was convicted on a charge of disorderly behaviour.
Three of the stowaways have been charged with offences relating to assault,
stalking and sexual crimes. Mr Smith complained of the high cost of these
stowaways to the New Zealand legal system, as they have been drawing on
resources in the areas of emergency benefits, legal aid and police and
prison services. The Minister cited the case of the African stowaways as
an example of why the Government intends to introduce laws to decrease
the length of time stowaways can remain in New Zealand while pursuing their
legal options. The Minister noted that while New Zealand must fulfill its
obligations under the Refugee Convention, the current system needs to be
streamlined to combat abuse of the system.
[Barry Clarke, “Stowaways cost thousands”, Sunday Star-Times, 26 July 1998, pA2]
30 June 1998 The Minister of Immigration, Max Bradford, announced changes to New Zealand's Transit Visa requirements. The number of countries whose citizens require a Transit Visa when passing through New Zealand is to increase from 24 to 70, as from 1 July 1998. The changes were made to try and limit the number of people who come to New Zealand on a stop-over and then fail to leave. The changes complement the government's policy of tightening up on refugee scams.
[Hon Max Bradford, Minister of Immigration, "New Transit Visa Arrangements", New Zealand Executive Government News Release Archive, 30 June 1998]
17 June 1998 The Minister of Immigration, Max Bradford, and the Minister of Education, Wyatt Creech, announced that the quota on the number of Chinese students that come to New Zealand to study will be increased from 400 to 1000, and tight restrictions on their entry will be lifted, as from 1 July 1998. In part this is because the historical risk that the students would come to New Zealand and then claim refugee status has now decreased.
[Hon Wyatt Creech, Minister of Education; Hon Max Bradford, Minister of Immigration, "Chinese Student Quota Increased", New Zealand Executive Government News Release Archive, 17 June 1998]
4 June 1998 The Supreme Court of Canada delivered its judgment on the scope of Article 1F(c) of the Refugee Convention in Pushpanathan v Canada (Minister of Citizenship and Immigration) [1998] SCJ No. 46.
The majority held that drug trafficking is not an act contrary to the purposes and principles of the United Nations under Article 1F(c). Article 1F(c) covers acts explicitly recognised by the United Nations as acts contrary to their purposes and principles and acts that constitute a sustained and systemic violation of human rights so as to amount to persecution. Drug trafficking is not recognised by the international community as a sustained and systemic violation of human rights.
The minority held that drug trafficking could come within the ambit of Article 1F(c) as it is an act recognised by the international community as causing serious and significant harm. Drug trafficking directly and indirectly undermines the purposes and principles of the United Nations.
7 May 1998 The Government's move to send immigration officers to foreign airports to prevent fake refugees coming to New Zealand was criticised by UNHCR representative Hans ten Feld, as it could prevent genuine refugees from coming to New Zealand and so endanger their lives.
[“Govt acts to catch bogus refugees”, New Zealand Herald, 7 May 1998, pA5]
6 May 1998 Immigration Minister Max Bradford announced the government's new immigration package, which includes a $23 million funding injection for the New Zealand Immigration Service over 3 years. The increased funding has been granted with the aim of speeding up the processing of refugee claims and appeals and helping with other legal costs such as judicial reviews and removals from New Zealand.
The key points in the new package are:
2 April 1998 The Court of Appeal decision in A v Refugee Status Appeals Authority [1998] 2 NZLR 291 (CA) was delivered. The Court held that whether a crime is serious for the purposes of Article 1F(b) of the Refugee Convention depends on the nature of the offending, and does not involve a balancing of the seriousness of the crime against the gravity of the persecution faced by the person on their return to their home country.
6 March 1998 Immigration Minister Max Bradford announced the government's intention to streamline refugee determination procedures, with a view to speeding up the process and trying to prevent abuse of the current procedures by non-genuine refugees.
[Hon Max Bradford, Minister of Immigration, "Government Clamps Down on Immigration Scams", New Zealand Executive Government News Release Archive, 6 March 1998]
3 January 1998 The government confirmed that airlines had prevented two groups of Kazakhstanis from illegally travelling to New Zealand. The New Zealand Immigration Service hopes to prevent large groups entering New Zealand illegally and then claiming refugee status, and has proposed $100,000 instant fines for airlines carrying passengers without proper documentation. Airline representatives argue that airlines are already making vigorous efforts to prevent illegal travellers.
[Mathew Dearnaley, “Suspect aliens held at airport”, New Zealand Herald, 3 January 1998, pA3]