Sample Political Science Paper on Newzealand Immigration

Introduction

Immigration is the process of movement of people towards the non-native countries. Globally, nations has their respective legislation’s regarding he regulation, supervision and control of immigration. In the recent years, Newzealand came out as a favorable destination for people worldwide to settle there, which leads to continues evolving immigration regime and respective legislative evolution. In the given tasks, our work wil be focused on detailing all the relevant legislative provisions which are being used by the immigration authorities in Newzealand. Also it will contain a healthy blend of discussion regarding visa regime, immigration legislative provisions and other relevant subtopics.

TASK 1

Newzealand government have drafted a set of legislative provisons that assists them insupervising andregulating various immigration related tasks.These legislative provisions contains all the regulating features that are required for supervisingimmigration process in New Zealand.. Thus, while acting as licensed immigration provider, the two laws that anyone should be familiar with are,

1.Immigration Act 20091

2.Immigration Amendment Act (No 2)1

Immigration Act 2009

This is one of the most basic legislation with all the relevant guidelines that assists immigrants to Newzealandin understanding the adeqaute fundamental provisions. Apart from certain basic guidelines, Section 49 of the Immigration Act 2009[1]of Newzealand contains other relevant informations that can be mentioned as-

  • It definesthe grounds for the requirement of visa from authorities.
  • It also defines certainduties of immigrants in Newzealand.
  • It has definitions of all the grounds that can cause deportation or create criminal of
  • It alsohaverelevantprovisions to strengthen visa regime.
  • the informationregardingeligibility, rules and criteria for visa application.

Visa approval or rejection so far depends on the implementationof thesecriterion draftedunderSection 27 ofImmigration Act 2009[2]. The law also provides Certification of Immigration Instructions1. The law also defines the code of conduct that immigrants has to abide by in order to performthose responsibilities as a resident of New Zealand.

Apart from above mentioned details, various International conventions and mutually agreed legislation are also there that assist nations dealing with the issues of immigration.

a.Refugee Convention[3]

b.The Convention against Torture2

c.International Covenant on Civil and Political Rights2

These conventions and agreements cover relevant dimensions of the liabilities and assets that the state might be exposed against when dealing with various immigrants. To reduce liabilities, there exists provision to implement various deportation laws. These conventions draft relevant various rules keeping in mind the International practices. Non-compliance of these rules by immigrants leads to punitive actions with reference to the rules drafted, which extends to deportation from the host nation..In context of criminal offenses in the host country, equitable punitive action has been mentioned in these conventions. For the protection from the harassment of immigrants from these multiple legislative provision, provision of Immigration and Protection Tribunal 2 is also present. To protect immigrants from the ambit of alleged charges or fake allegations, tribunal is empowers to investigate with full autonomy. It also has appellate authority for the appeal cases such asResidence Appeals, Refugee and Protection Appeals and appeals against deportationIn Attorney General v Refugee council [4]of Newzealand in which claims were made about the abrogation of rights of refugees by Refugee Council of Newzealand, court held that the validity of operational instruction issued by authorities for the detention of refugees.

The law definesrelevant eligibility standards to qualify for a visa application.. Categories of immigrants that has been mentioned in the law can be described as following2.

  • Visitors
  • Migrants
  • Students
  • Employers
  • Educators

Immigration Amendment Act (No 2)

This act is an extension of Immigration Act 2009, adopted in 2015 and definescertain sets of rules with respect to immigrants3 willing to settle in Newzealand[5]. Although it’s extension of existing law, it implementation and justification is irrelevant with that of existing.. It has been drafted to safeguard the interests of immigrants in labor force against potential exploitation and tyranny by  the legislation of required safeguard mechanism . In context with the evolving technological advancement and their implementation in the immigration regimes, there is mention of adequate provisions in the given law.

Importance of the laws

The lawsexplained above acts as the building blocks of immigration policies in Newzealand. Adequate awareness about various relevant provisions of these immigration regimes is mandatory for immigrants.General awareness about the rights and responsibilities of immigrants helps them avoid potential hazards that can cause significant exploitation by authorities or individuals in host country. Therefore, codification of immigrant code with appropriate description of roles and responsibilities of migrants will be beneficial for countries to attract immigrants worldwide. In case Nystrom v Australia (HRC, 2011)[6], it was held that, Mr Nystrom visa was cancelled due to his bad character towards the compliance of laws and regulations.

Similarly, in the case of Madafferi& Madafferi v Australia (HRC,2004)[7]it was held that Terms and condition under immigration detention were inhuman.

TASK 2

The Immigration Act of 2009[8] should be followed by Jane Doe if she intends to travel and settle in New Zealand. It is the fundamental law for the travellers and immigrants in the country. The Immigration Act of 20094 outlines the relevant duties and responsibilities which must be fulfilled by the immigrants while residing in New Zealand. . The law specifically details the particulars and process of travel and the associated laws of the country in regards to foreign travellers. The Immigration Act of 20041 states:

  • People who require to procure a visa for travel
  • The rules and regulations for the grant of visa has also been detailed in it
  • The responsibilities of Jane Doe if she travels to New Zealand
  • The information needed to be furnished by Jane Doe to the Immigration New Zealand
  • The conditional deportation of immigrants for criminal offences are also provided
  • The Immigration and Protection Tribunal is also established which hears any legal pleas against disputes over visa, deportation or other immigration related complaints

Jane Doe can enter and stay in New Zealand if the visa requirements and all the legal requirements of the Immigration Act of 20094 has been fulfilled carefully.. The[9]Immigration Act of 20094 has also been amended in 2015 in the Immigration Amendment Act (No 2)4 for the inclusion of new dimensions of the immigration law. They are:

  • The compliance of the immigration regime is also strengthened.
  • The changes in the technology used in immigration and processing have also been mentioned
  • The provisions of the Immigration Act of 20094 has also been explained in further details to remove ambiguity

The various provisions of the Immigration Regulation of 2010[10]required to be implemented in practice by Jane Doe if she wishes to enter the country and stay. She also counsel her with required help from Immigration Advisor who is licensed and expertise in offering professional advice. The competency of the professionals and the conducting behaviour has also been regulated through the Immigration Advisers Licensing Act 2007 and 20085. The professional help provided to Jane Doe must also be in accordance with the Licensed Immigration Advisers Code of Conduct 2014 and Immigration Advisers Competency Standards 20136. If all the regulations and laws imposed by the Government of New Zealand are fulfilled, Jane Doe would get her visa approved and she can conditionally travel to the country for a defined period of time.

It is of primary importance that Jane Doe must obey therelevant conditions of the visa agreement or she could be deported back to her country. It is also applicable if she stays beyond the limits granted to her visa and residing in the country even after completion of visa tenure can attract punitive action against her.

The penalties include a range of penal provision such as:

  • Jane Doe would be prohibited from residing in the country and must leave immediately on the expiry of the visa
  • There is also the possibility of deportation and detention although a new visa request has been submitted where the expense is borne by Jane Doe
  • The infringement of the rules of the country may attract criminal proceedings according to the law of the land[11]
  • Request for a temporary visa under special circumstances vide the Section 61 of the Immigration Act[12]

However, Jane Doe might appeal to the Immigration and Protection Tribunal within the specified period of time.

 

 

TASK 3

INZ Fairness and Natural Justice Process Principles in Practice
Part 7 of the Immigration Act 2009contains the rights of immigrants who willing to appeal against court for the exploitation faced by them various relevant appeal rights for people who are declined residence visas, who are subject to deportation, and who have been refused refugee or protection status in New Zealand, among other reasons.

Such people may appeal to the Immigration and Protection Tribunal within allowed appeal periods.

Appeal rights allow people who have been refused visas (or refugee status) by Immigration authorities in New Zealand, or who INZ wishes to deport, to be granted another hearing at the Immigration and Protection Tribunal (IPT).

There are different criteria for determining these appeals, for example, people who are declined residence visas need to prove (according to s188 of the Act) that INZ has decided their application incorrectly, or that there is new information, or that they have special circumstances.

Section 27 of the New Zealand Bill of Rights Act allows an aggrieved individual to ask for a Judicial review in the High Court if he feels that the INZ have breached the principles of natural justice. Although, the legislation and relevant theories are not the complex as compared to their implementation in various cases. It can sometimes become too much complicated based on the circumstances. In situations where immigrants who are trying to get in New Zealand, the INZ must make their decisions based on fairness and natural justice. If any individual is declined residence in the country, the person has the rights to assess if the ground for dismissal is fair or not.However, the decision of the high court is not always subject to natural justice. It is only applicable if the INZ decision adversely affects the existing rights of the appellant[13].
The Potentially Prejudicial Information (PPI) is used by Immigration authority in New Zealand when the visa of an immigrant is cancelled by the board. Sometimes when visas get rejected by the INZ, the applicant has the right to provide feedback on any decision made on the basis of any potentially prejudicial information. This process of fairness and natural justice is applicable when an immigrant’s visa has been declined due to multiple possible reasons. The INZ has the freedom to make residence decisions of temporary visas except for the special case under section 61.

As per the Immigration Act 2009, ss 45,76, INZ Operational Manual, the INZ has to consider all relevant factors including their operational manual policy unless the applicant is not entitled to apply for a visa or excluded from granting one[14].

Section 27(1)(a) and section 27(1)(b) of the New Zealand Bill of Rights Act 1990 recognizes not only the procedural rights of the immigrants but also the rights of the their children. Earlier, before the amendment of the Bill, the immigrants with temporary permits are no longer eligible for refugee status. However, if the children of the immigrants are born in New Zealand and automatically New Zealand citizens, their rights should also be considered before the removal of the parents. If immigrants with temporary permits have children in New Zealand, the children automatically become citizens of New Zealand. The Bill of Rights Act 1990 was amended to include the rights of the children if the parents failed to get refugee status and should be removed from the country.The presumption of consistency of the international law states that when a child’s parents are subject to removal, the opinion of the child should be considered as they are considered under section 141B of the Immigration Act 1987 where children with temporary permit are removed[15].

This right is more aligned with the Art 12 of the United Nations Convention of the Rights of the Child (UNCROC). International law allows children the opportunity to exercise their right to be heard when the removal of their parents is involved.

 

Conclusion:

From the above discussion it can be said that act such as immigration act, immigration amendment act are the two important acts. Beside this Immigration Regulation of 2010 has also been described with the process of maintaining fair and natural justice.

 

References

Immigration, ‘Policy And Law | Immigration New Zealand’ (Immigration.govt.nz, 2019) <https://www.immigration.govt.nz/about-us/policy-and-law> accessed 29 August 2019

Legislation, ‘Immigration Amendment Act 2015 No 48 (As At 07 December 2015a), Public Act Contents – New Zealand Legislation’ (Legislation.govt.nz, 2019) <http://legislation.govt.nz/act/public/2015/0048/latest/DLM5655018.html> accessed 29 August 2019

Legislation, ‘Immigration Act 2009 No 51 (As At 01 July 2019b), Public Act Contents – New Zealand Legislation’ (Legislation.govt.nz, 2019)<http://www.legislation.govt.nz/act/public/2009/0051/latest/DLM1440303.html> accessed 29 August 2019

Right Now. (2019). Landmark case on the rights of non-citizens – Right Now. [online] Available at: http://rightnow.org.au/news/landmark-case-on-the-rights-of-non-citizens/ [Accessed 30 Aug. 2019].

Chiou B. Two-step migration: A comparison of Australia’s and New Zealand’s policy development between 1998 and 2010. Asian and Pacific Migration Journal. 2017 Mar;26(1):84-107.

De Monchy C, Fraser C, Steele L. Understanding student attrition in the Graduate Certificate in New Zealand Immigration Advice.

Immigration, ‘If You Do Not Leave New Zealand Before Your Visa Expires’ (Immigration New Zealand, 2019) <https://www.immigration.govt.nz/new-zealand-visas/apply-for-a-visa/tools-and-information/general-information/if-you-do-not-leave-new-zealand-before-your-visa-expires> accessed 29 August 2019

Refugees, U. (2019). Refworld | Attorney-General v. Refugee Council of New Zealand, Inc.. [online] Refworld. Available at: https://www.refworld.org/cases,NZL_CA,40cec4c84.html [Accessed 30 Aug. 2019].

Immigration.govt.nz. (2019). BJ8.10 Resident visas subject to conditions under section 49(1) of the Immigration Act (11/04/2016). [online] Available at: https://www.immigration.govt.nz/opsmanual/6404.

 

[1](Immigration.govt.nz, 2019)

[2]Immigration, ‘Policy And Law | Immigration New Zealand’ (Immigration.govt.nz, 2019) <https://www.immigration.govt.nz/about-us/policy-and-law> accessed 29 August 2019.

[3]Legislation, ‘Immigration Amendment Act 2015 No 48 (As At 07 December 2015a), Public Act Contents – New Zealand Legislation’ (Legislation.govt.nz, 2019) <http://legislation.govt.nz/act/public/2015/0048/latest/DLM5655018.html> accessed 29 August 2019.

[4](Refugees, 2019)

[5]Legislation, ‘Immigration Act 2009 No 51 (As At 01 July 2019b), Public Act Contents – New Zealand Legislation’ (Legislation.govt.nz, 2019) <http://www.legislation.govt.nz/act/public/2009/0051/latest/DLM1440303.html> accessed 29 August 2019.

[6](Right Now, 2019)

 

[7](En.wikipedia.org, 2019)

[8]Immigration, ‘Immigration Law’ (Immigration New Zealand, 2019) <https://www.immigration.govt.nz/about-us/policy-and-law/legal-framework-for-immigration> accessed 29 August 2019.

[9]Immigration, ‘If You Do Not Leave New Zealand Before Your Visa Expires’ (Immigration New Zealand, 2019) <https://www.immigration.govt.nz/new-zealand-visas/apply-for-a-visa/tools-and-information/general-information/if-you-do-not-leave-new-zealand-before-your-visa-expires> accessed 29 August 2019.

 

[10]Chiou B. Two-step migration: A comparison of Australia’s and New Zealand’s policy development between 1998 and 2010. Asian and Pacific Migration Journal. 2017 Mar;26(1):84-107.

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[11]De Monchy C, Fraser C, Steele L. Understanding student attrition in the Graduate Certificate in New Zealand Immigration Advice.

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[12]Etanewzealand, ‘What Happens If You Overstay Your New Zealand Eta?’ (eTA New Zealand, 2019) <https://www.etanewzealand.com/overstay-new-zealand-visa/> accessed 29 August 2019.

[13]Community law, ‘How Immigration NZ Makes Temporary Visa Decisions – Community Law’ (Community Law, 2019) <https://communitylaw.org.nz/community-law-manual/chapter-28-immigration/temporary-visas-working-studying-or-visiting-for-a-limited-time/how-immigration-nz-makes-temporary-visa-decisions/> accessed 29 August 2019.

[14]scoop, ‘Howard’s End: What Is Natural Justice? | Scoop News’ (Scoop.co.nz, 2019) <http://www.scoop.co.nz/stories/HL0211/S00154.htm> accessed 29 August 2019.

[15]Newzealandshores, ‘Difficult Cases – New Zealand Shores Immigration Consultants’ (New Zealand Shores Immigration Consultants, 2019) <https://www.newzealandshores.com/difficult-cases/> accessed 29 August 2019.