Committee wants appeals retained

By HELEN TUNNAH

An overhaul of immigration laws should give potential migrants the ability to have the courts review the procedures followed by Immigration Service staff when they decide who can live here.

The foreign affairs, defence and trade select committee wants some powers of appeal restored to migrants which could have been lost under the Immigration Amendment Bill.

The proposed laws give service officers extra powers of discretion in deciding whether a person is given the right to live here.

That prompted concerns during the select committee hearings that the procedures, which are not under the bill subject to judicial review, could be inconsistent or open to abuse.

The committee's report has recommended the bill be amended to ensure both Government policy and the procedures under which decisions are made can be reviewed by the courts.

There would still be no appeal of the final decision.

The new policy introduces an immigration system which allows the Government to invite people to apply to live here.

If they have not received one within a set time, probably three months, their applications lapse. They cannot reapply.

The new legislation is coupled with other laws, already passed by Parliament, applying the policy retrospectively. That "lapsed" up to 11,000 applications, affecting about 24,000 hopeful migrants living both in New Zealand and overseas.

The select committee report says it has been advised those 11,000 applications can be resubmitted, but will be subject to the new rules which include tougher English language standards.

Proposed changes will also require the Minister of Immigration to publish the criteria and rules under which migrants will be judged, and their applications lapsed, rather than it be left to a minister's discretion.

But the committee's majority report rejected suggestions the discretion given to Immigration Service officers could lead to abuse of the system.

Both the National and Green Party members said the new immigration system lacked transparency and accountability. New Zealand First said it would let in too many immigrants.

The new laws are due to be debated again by MPs in the next few days.