Court test for immigration rules change

By PATRICK GOWER

A legal challenge has been mounted against changes to immigration rules that make it tougher for foreigners to get into the country.

The Association for Migration and Investment filed proceedings in the High Court yesterday against the retrospective nature of the rule changes introduced by Immigration Minister Lianne Dalziel last month.

It said the new rules - including a tougher English language test - were contrary to the principles of fairness and justice that are meant to govern the activities of the Immigration Service and possibly contravened the Bill of Rights.

"Our country's reputation is being dragged through the mire by the Immigration Service's failure to work to a fair, humane and, above all, consistent set of rules," said association chairman Bill Milnes.

Mr Milnes estimated that up to 20,000 potential immigrants may have been affected by the retrospective application of the rule changes. The Immigration Service suggests 6000 were affected.

Mr Milnes said $2 billion would be taken out of the economy as a result of last month's tightening of rules governing immigration and overseas investment.

As well as imposing an "unrealistically tough" English language requirement on existing applications, the new rules restricted job search visas for general skills applicants to those on the occupational shortages list - excluding many who had lodged applications in good faith.

And new "highly restrictive" criteria were imposed on long-term business visas, undermining existing applicants' ability to run successful businesses in New Zealand.

The association represents nearly 200 members nationwide, including immigration and investment consultants, banks, business specialists and financial advisers.

Mr Milnes said it took legal action after being unable to "ignore the fate of thousands of people left in limbo by bureaucratic whim".

"The lives of many applicants have been on hold for months or even years as they go through the long, complex and expensive process of preparing themselves for emigration," he said.

"Some of them had actually been invited by the Immigration Service to apply for job search visas, with the implicit understanding that all their applications required to succeed were New Zealand job offers."

A spokesman for Ms Dalziel said the minister would not make any comment on the association's legal challenge until the High Court had ruled on the matter.

As the association announced the move, Ms Dalziel was easing restrictions on the general skills category - reducing the pass mark from 30 points to 29.

The reduction was signalled at the same time as changes to the English language test for skilled and business migrants were announced.

The pass mark sets the number of points a person needs to gain New Zealand residence in the general skills category.

Reducing the pass mark meant New Zealand could attract people with a wider range of skills, Ms Dalziel said. A high pass mark cut out those with trade qualifications and experience.

Herald feature: Immigration