Tūi Tūi Tuituiā

Immigration Amendment Bill (No 2)

The Immigration Act 2009 was introduced to ensure New Zealand complied with international obligations on migration and settlement. The 2009 Act, and New Zealand’s immigration legal system have been internationally recognised for their progressive approach toward border security and ensuring that rights are protected.

In October 2013, the Minister of Immigration introduced a bill to amend the 2009 Act. The bill aims to address gaps in compliance, to explore new technology, and to address the exploitation of migrant workers. While proposals to address worker exploitation are welcome, other changes have the potential to tilt the carefully achieved balance between rights protections and security.

The Immigration Amendment Bill (No 2) will make it an offence to exploit migrants holding temporary work visas. Advocates for migrant workers have welcomed the measures, saying that a crack down on exploitation could not come soon enough. Under the Bill, employers who exploit workers could be jailed for up to seven years, fined up to $100,000 and possibly deported. Victims will be encouraged to provide evidence of exploitative workplace practices – and when assessing eligibility for a further visa, immigration officers may in certain circumstances overlook relevant periods in the victim’s immigration history where he or she may not have complied with visa conditions.

The Bill also proposes amendments that will provide for enhanced search powers for immigration officers, changes to the way biometric information is collected, the use of electronic notifications and changes to the way passenger information is provided at the border.

A significant change proposed in the Bill will limit the ability of some individuals to review immigration decisions. The Bill makes it clear that the ability to request personal information under the Privacy Act 1993 does not apply to the reasons given for decisions made using “absolute discretion” (as defined in section 11 of the Immigration Act 2009). Until recently reasons were generally provided to ensure transparency and to respect the principles of natural justice. The Government has said the intention of the Immigration Act 2009 is to limit the rights and protections available to individuals disenfranchised from the immigration system.

Changes in settlement support

In 2013, the way Aotearoa New Zealand supports new migrants was put under scrutiny.

Immigration New Zealand undertook reviews of the regional settlement strategies in Auckland and Wellington, as well as the nationwide Settlement Support New Zealand initiative. The Auditor-General also undertook a review to assess how well Immigration New Zealand was doing to support new migrants.³⁶

These reviews revealed that most migrants find work and settle well in Aotearoa New Zealand and that improved central and regional coordination has led to better services for new migrants. The reviews also identified opportunities to improve effectiveness, including reaching out to more clients.

The Settlement Support New Zealand (SSNZ) initiative, which provides assistance to new migrants via 18 local offices around the country, was found to be successful and delivered a high level of client satisfaction. However, despite this success, Immigration New Zealand has announced that change is needed.

From 2014, the programme will be targeted at priority migrants, those with skills who can make a substantial contribution to the New Zealand economy. Plans include developing a centralised contact centre and online services as well as employing new retention specialists who will work with local employers, businesses and councils. Some regional providers of settlement services are concerned that the majority of migrants currently needing assistance will not be considered “priority”. In addition these individuals may have difficulty in accessing web-based or contact centre services. The changes could shrink the resources available to local communities to support new migrants and reduce the availability of face-to-face advice and advocacy services.

These changes to SSNZ, together with cutbacks to the Settling In Programme (a community development programme overseen by the Ministry of Social Development that works with migrants, refugees and communities) have raised questions about what local and regional settlement services might look like in the future.

New migrants welcomed by Tangata Whenua

Māori culture is a taonga of Aotearoa New Zealand. For newcomers to our country, the opportunity to experience Māori culture is an important part of their settlement journey. Experiencing a marae welcome has become a valuable way for new migrants to learn about the significance of Māori culture. It also enables local iwi to welcome newcomers as manuhiri (visitors) to the region.

Settlement Support New Zealand and local communities have organised marae welcomes across the country. The practice has received global recognition for its ability to connect indigenous communities with new migrants. Judi Altinkaya from Immigration New Zealand was invited to talk about the impact of marae welcomes at an international Cities of Migration webinar in 2013.

Ngā rerenga, te whakatau me te punanga −

Refugees, resettlement and asylum

World wide, there are people who are forced to find a safe refuge because they face persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion. Aotearoa New Zealand offers resettlement to refugees in accordance with international guidelines and our own immigration legislation. Changes to the way we accept and resettle refugees were proposed this year, with ongoing challenges highlighted.

Resettlement in 2013

The vast majority of refugees in Aotearoa New Zealand enter through the annual United Nations High Commissioner for Refugees (UNHCR) resettlement programme. Since 1987 New Zealand has accepted up to 750 refugees each year in accordance with its annual quota. These people are often referred to as “quota refugees”.

In 2012−13, a total of 751 quota refugees were resettled, mostly from Myanmar, Iraq, Bhutan, Columbia and Sri Lanka.³⁷ The majority were resettled in Auckland or Wellington, with others being supported to resettle in the Nelson, Manawatū and Waikato regions. Thirty Afghan interpreters and 64 family members were offered residency in recognition of their assistance to New Zealand troops and were resettled in Hamilton and Palmerston North.

Aotearoa New Zealand’s resettlement programme represents a positive model both regionally and globally. Concerns continue to be raised, however, about the requirement that resettlement from Africa and the Middle East be supported by the presence of family links in Aotearoa New Zealand. This requirement limits the scope for priority protection cases to be included in the annual quota.

In 2012−13, 306 people lodged claims for asylum in New Zealand. Most of these claims were by people from Sri Lanka, Iran, Fiji, Pakistan and Saudi Arabia. A total of 86 applications were approved.

A total of 560 people, including partners and family members, were invited to apply for residence to join others who had resettled here as refugees. Two-hundred and sixty-one were granted residence visas.

In November 2013, a man claiming to be New Zealand’s first climate change refugee had his application for asylum turned down by the High Court. The man who is facing deportation to Kiribati plans to take his case to the Court of Appeal, where he will argue that rising sea levels are making his homeland uninhabitable.