3. Dr the Hon LOCKWOOD SMITH (National—Rodney) Link to this
to the Minister of Immigration
What discretion, if any, does he or an Associate Minister have in relation to immigration applications, and how does he exercise such discretion?
Hon DAVID CUNLIFFE (Minister of Immigration) Link to this
The Immigration Act 1987 gives broad discretion to the Minister of Immigration in relation to immigration decisions. The majority of applications are decided by immigration branches according to Government policy. Decisions outside policy can be referred to the Minister, and the majority of those are delegated to the Associate Minister.
Dr the Hon Lockwood Smith Link to this
Would the Minister expect a discretion to be exercised to direct a work visa to be issued to someone who had shown such contempt for New Zealand law as to be an illegal overstayer for 8 years and working illegally during that time, and someone who had also been declined refugee status, such as Dr Ingram has reported was the case of Mr Siriwan, who was given such a direction by the Associate Minister in June 2005; if so, why?
Hon DAVID CUNLIFFE Link to this
It is important to note that all matters regarding the Ingram inquiry do not fall within my jurisdiction as Minister of Immigration. With regard to the general point about the criteria used for exercising discretion, it is important that Ministers can, and do, have regard to all of the relevant factors. They, of course, receive representations from members on both sides of the House.
Dr the Hon Lockwood Smith Link to this
Would the Minister expect a discretion to be exercised to direct the cancellation of a removal order by the border and investigations branch and the issuing of a work visa to a person who had been an illegal overstayer in New Zealand for almost 5 years and who had been deported from New Zealand following her being declined by the Refugee Status Appeals Authority on two separate occasions; if so, why?
Hon DAVID CUNLIFFE Link to this
In general terms, every case is different, and Ministers must have regard to all factors placed before them. It is important to note—[ Interruption]
Madam SPEAKERHon DAVID CUNLIFFE Link to this
It is important to note that such cases are put before Ministers by members from both sides of the House, and all are given an opportunity to comment on draft decisions.
Dr the Hon Lockwood Smith Link to this
What action would be taken by the Minister of Immigration on finding that a submission made to him by a fellow Minister seeking that he grant a work permit under section35A of the Immigration Act to allow an illegal immigrant to continue working and supporting his child was false because the child was not, in fact, in New Zealand, as was the case with Taito Phillip Field’s submission on behalf of Mr Siriwan, as reported by Noel Ingram QC?
Hon DAVID CUNLIFFE Link to this
I repeat that matters pertaining to the Ingram inquiry do not fall within my responsibilities as Minister of Immigration and that, in general terms, all cases must be decided on their individual merits.
Dr the Hon Lockwood Smith Link to this
Would the Minister expect a discretion to be exercised to direct the issuing of a work visa, as an exception to policy, on the submission made by a fellow Minister, when the submission involved the person working without pay for that fellow Minister and the person had been seen at the home of that fellow Minister by the Minister of Immigration, as was the case in Mr Field’s submissions in respect of Mr Siriwan?
Hon DAVID CUNLIFFE Link to this
For the fourth time, I say that thinly veiled references to matters already covered in the Ingram inquiry have been dealt with within that inquiry.
Keith LockeDoes the Minister think it is unduly onerous for Ahmed Zaoui to have to wait over 3 years for the assessment of the security risk certificate hanging over him to be completed; and, in view of the indefinite extension of the security risk certificate process by the Inspector-General of Intelligence and Security, will the Minister entertain either lifting the security risk certificate applying to Mr Zaoui or, alternatively, allowing Mr Zaoui’s wife and children—all of whom are recognised as refugees by the United Nations High Commissioner for Refugees—to have at least temporary residence in New Zealand while that process is being completed?
Hon DAVID CUNLIFFE Link to this
There is a due and lawful process under way in respect of that case, and it would be inappropriate for me to prejudge matters upon which I am at some point due to receive a briefing.
I raise a point of order, Madam Speaker. My question asked whether it was unduly onerous and whether the Minister would entertain the two alternatives I have proposed. For him just to talk about a process is not answering the question.
Hon DAVID CUNLIFFE Link to this
I repeat that there is a due and lawful process under way, which I will not prejudge. In respect of the second of the member’s points, I will say that I have received an application for Mr Zaoui’s family to come to New Zealand, and I have declined that on the ground that the process is still under way.
Dr the Hon Lockwood Smith Link to this
I raise a point of order, Madam Speaker. In relation to two or three questions that I have asked in the last few minutes, the Minister has declined to accept responsibility as the Minister of Immigration for decisions made under the authority of the Minister of Immigration. I seek your ruling that the Minister cannot avoid responsibility and accountability to this Parliament. He is the Minister of Immigration; he is accountable for decisions made directly by him and his Associate Minister.
Hon DAVID CUNLIFFE Link to this
The member’s questions pertained to specific historical cases that were the subject matter of the Ingram inquiry.
As I heard the Minister’s answer, he said he was not responsible for the report and then went on to address the question relating to immigration. So, in effect, that is not a valid point of order. He addressed the question relating to immigration, in this sense, by pointing out what the approach and the policy is on that matter. He may not have done it specifically, but he did address that question on the approach.
Hon Murray McCully Link to this
I raise a point of order, Madam Speaker. My recollection of the Minister’s response is different from your own. I do not recall the Minister saying to the House that he was not responsible for the report; he said he was not responsible for the matters that were the subject of the report. That is a very different response. I put it to you, Madam Speaker, that to the extent that the matters covered by the report fall within the purview of the Minister of Immigration, he indeed is so responsible, and should, therefore, answer questions accordingly.
As I said, of course the Minister is responsible for matters relating to immigration. He did address the question on that—obviously not to the satisfaction of the member, however.
Gerry BrownleeI raise a point of order, Madam Speaker. I think you missed the point. In Mr Cunliffe’s last answer you will recall that he said, in a somewhat supercilious fashion, that for the fourth time he made the point that the question related to matters in the report for which he was not responsible. That is simply not the case. Whether the matters are in the report is irrelevant to the responsibility he has to Parliament to account for his portfolio responsibilities.
Dr the Hon Lockwood Smith Link to this
Would the Minister, specifically, direct the issuing of a work visa, as an exception to policy, on the submission of a fellow Minister, involving a person working without pay for that fellow Minister, and whom the Minister saw in Samoa in that fellow Minister’s house, prior to making his direction that a work visa be issued to that person—does the Minister accept accountability for that decision?
Hon DAVID CUNLIFFE Link to this
If the member is referring to a hypothetical set of circumstances, then I decline to give a hypothetical answer. If the member is referring to an actual case that he wishes to put before me, he is most welcome to do so.