Discretion urged on visa scam

Overstayers must be offered incentives to provide evidence, says an immigration consultant. Photo / Brett Phibbs

Discretion should be used by Police and Immigration New Zealand while they try to get overstayers to come forward to help prosecute a man at the centre of a visa scam, an immigration consultant says.

Gerrard Otimi will appear in the Manukau District Court today facing three counts of deception related to Pacific Island overstayers paying $500 for their passports to be stamped and to be adopted into Mr Otimi's hapu.

Yesterday, three search warrants in the Manukau area turned up $40,000 in cash, as well as 5000 blank "hapu certificates".

Detective Inspector John Timms appealed to people who had paid Otimi to come forward. However, there was no guarantee of amnesty. Instead, Immigration NZ would look into each victim's case.

"I can't give any amnesty here today, but all I can say is that myself and Immigration New Zealand encourage these people to come forward."

However, consultant Tuariki Delamere said officials already used their discretion when dealing with overstayers who could offer information on scammers. Police wouldn't have much luck gathering more evidence if they didn't take a broader view.

In a year he dealt with up to 20 cases where Immigration NZ guaranteed amnesty to individuals.

"At the end of the day these people are overstayers. No one in their right mind who is an overstayer is going to go to the cops or immigration when there's the possibility they'd be arrested. So why would you do it?

"But if they [the authorities] want evidence they're going to have to get these people in and tell them, 'we're not going to arrest you, serve you a removal order or detain you'."

Mr Delamere said he was often given those undertakings in written form.

"They do it, it's not a big deal. They're not going to give them any [residency] permit."

Tongan Advisory Council chairman Melino Maka said the situation exposed what hundreds of Pacific Island families had been complaining about for years.

"We've been raising these issues for decades but they've been swept under the carpet.

"Stories of rip-offs have generally been ignored by immigration compliance officers when serving removal orders and victims are not assisted to get any redress," Mr Maka said.

He hoped the publicity around Mr Otimi and the recent auditor-general's report would lead to greater change at the service.

Immigration Advisers Authority registrar Barry Smedts said that because immigration consultants had been required to gain a licence to practise only since May 4, it was not known how many "rogue" consultants were operating.