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If at fault, just obey the law

Gurjinder Singh

The deportation of some students from India became an issue of national debate, especially after they took asylum in a religions place.

The fault of these student is that they had shown dummy funds back home to have a positive outcome of their student visa application.

The number of such students is increasing day by day.

Grounds for deportation.

People can become liable for deportation mainly due to the following reasons: Being in New Zealand without a visa, being convicted of an offence, and Immigration New Zealand (INZ) believes that someone has given misleading/false information/documents while applying for their visa.

INZ can decide whether that person may have got the visa if true information had been provided in the first place.

These are common words used by INZ in the decline letters.

Legal Situation

The following statement is commonly heard in our Courts of Law:

“There can always be a degree of sympathy for otherwise law-abiding persons such as the applicants whose wish is to live in New Zealand with some of their family. However, they have been party to misleading deliberately the New Zealand immigration authorities. The integrity of the application process turns on the scrupulously honest and careful completion of forms. Applicants must realise that the consequence of failing to be honest and open in the application process is severe. Only then will the immigration system continue to work. If sympathy for the individual became the dominating concern it can be foreseen that the present application system would break down entirely.”

The plea of sympathy cannot replace the law and integrity of the application system.

We must respect the law of the land.

The government view

The government believes that all applicants must declare that all the information that they provide is correct. They make that declaration when they submit their visa applications. They may employ agents, but the applicants are squarely and clearly responsible for all statements and declarations.

It is the duty of the applicant or student in this case, to provide the correct documentation to INZ so that they will not face such situations. They should go through their application if they are filled by their agents.

Every applicant is well aware of his/her financial and personal history.

There can be some exceptions where it is possible to convince an Immigration Officer to cancel deportation action. This is decided on a case-to-case basis.

The Current situation

Some consultants are luring such vulnerable students and overstayers by charging hefty fees saying that they can get the deportation orders reversed.

Many would stand to lose money if the appeal process fails. The Immigration Minister rarely intervenes in such cases.

The Real option

The best course of action is to follow the law.

Those issued with a Deportation Order should not try to stay in New Zealand so that they can avoid punitive measures. Even Court action to stop deportation usually does not work in every situation.

The best course of action is to leave this country and apply to come back.

If you cooperate with INZ, they may write favourable notes on humanitarian grounds on your file to help you to return.

This happened in the recent case where international students from India took shelter in a Church against deportation.

They were later advised to leave for their home country and re-apply for the same visa.

Gurjinder Singh is a Licensed Immigration Advisor and an Enrolled Barrister & Solicitor (NPC) based in Papatoetoe, Auckland.

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