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Home > Our Publications > New Zealand Outlook > 2007 > September

CHANGES AHEAD FOR MIGRANTS

By Lawrence Johnston

DESERVING applicants who are not granted residence because their criteria does not strictly meet government guidelines, could at the discretion of immigration officers, be allowed residency, if the Immigration Bill as it currently stands, becomes law.
Also in the Bill, which went before parliament last month, is a provision for biometrics to be used if the government of the day ever decides that finger printing, iris scanning, DNA assessment or some other form of biometrics should be introduced to screen migrants.
Another aspect of the Bill removes the confusion that migrants sometimes have with  immigration jargon about permits and visas. Also, they will no longer be confused by the terms 'immigration officers' and 'visa officers'.
Under the Bill - the biggest re-write of immigration law in two decades - the terms 'permits' and 'visa officers' will no longer exist, and a 'visa' will be the endorsement placed in a passport either in New Zealand or overseas.
Also current visa officers outside New Zealand will be known as immigration officers, the same as their counterparts in New Zealand.
The Bill still has to go through its select committee stage before going back to parliament for amendments to be considered. That second parliamentary reading is unlikely to happen this year, but if the scrapping of permits is retained in the Bill, it will remove a superfluous piece of migration red tape.
A visa stamped onto the applicant's passport, will naturally still be needed, but the simplification will mean one less process for the migrant to have to worry about. To some it has come as a surprise that they ever needed a permit as well as a visa.
Other aspects of the legislation include a reduction in the number of appeal boards to one, and the scrapping of visa officers. If the latter aspect remains in the Bill, visa applications will in future be handled by immigration officers.
Combining appeals under one board will enable the board to hear all the issues at the same time. It will speed up the appeals process and prevent unscrupulous appellants from stalling by picking off each appeal board in turn.
Immigration Minister David Cunliffe said the proposed simplified visa system, would give the government more flexible powers to enforce immigration law, and the ability to collect and use biometric information.
The Bill, which would replace the "dated, inflexible Immigration Act 1987", would ensure that New Zealand was well-placed to meet the challenges and grasp the opportunities of a fast-changing world.
"Changes in this Bill will clarify and strengthen border security, tighten the law against those who pose a risk to New Zealand's well-being, and facilitate the entry of those migrants we want," Mr Cunliffe said.
It would allow classified information to be used in immigration, refugee, and protection decisions. Provisions in the Bill would replace Part 4A of the current Immigration Act.
The government was undertaking a major overhaul of the entire immigration system, with the Bill being complemented by operational reform - the Immigration Business Transformation - and the concurrent review of immigration policies, he said.

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