Immigration (Enhanced Risk Management) Amendment Bill to adjust deportation rules

In her opening address at the Annual Immigration Law Conference, Stanford called attention to two recent examples of migrants who committed serious crimes but have evaded deportation under the current law because they have resided in New Zealand for over a decade. 

The government expects the bill to undergo its first reading in the coming weeks and go through the entire parliamentary process. 

Parliamentary paper

Alongside the proposed legislation, the government announced its plan to table a parliamentary paper proposing additional changes intending to: 

• Amend the interpretation of article 1F(b) of the Refugee Convention – which excludes from refugee status those who have committed serious crimes before admission to the country of refuge – to extend the exclusion to situations where they have committed serious crimes after coming to New Zealand, but before their refugee status determination 
• Improve the management of asylum claimants acting in bad faith 
• Also improve the management of claimants failing to attend biometric appointments 

“There are currently 14 refugee known claims from people who have been convicted of serious offences in New Zealand, including murder, serious sexual and drug offences, and arson,” Stanford said. “This change will mean that Immigration New Zealand can take convictions for crimes committed in New Zealand into account when making a decision on their refugee claim.”

According to the government, the amendments suggested in the paper will seek to: 

• Fortify the system relating to asylum claims 
• Promote New Zealanders’ trust and confidence in the immigration system’s integrity 
• Speedily address claimants engaging in bad faith in provocative political activity after their arrival in New Zealand, including through seeking social media or other media attention to create or increase their grounds for refugee recognition 
• Reserve the benefits of refugee status for those who are genuinely deserving 

However, the government reaffirmed its commitment to its international obligation to refrain from returning someone to a country where they will likely face persecution or other serious harm. 

“New Zealanders want us to do our part to provide refuge to people who are genuinely fleeing conflict and persecution,” Stanford said in the news release. “However, the privilege of being offered a life in New Zealand needs to be balanced with consequences for people who abuse that privilege or non-genuine claims that seek to take advantage of the system.”