Immigration group slams overstayer ruling

Mengna Wang. Photo / Dean Purcell

Immigration New Zealand's action in deporting foreign students without permits while simply issuing warnings to schools that break immigration laws is unfair, says the watchdog group Kiwi Immigration Watch.

The department has issued warnings to 20 education providers that have not complied with immigration law in the seven months ending January, and is investigating AUT university and the ICL Business School for enrolling a 23-year-old Chinese student while she was in New Zealand illegally.

But it is starting deportation action against Mengna Wang which could involve her being arrested, held in custody and removed from New Zealand as early as next week.

"Students are being deported and face the full force of the law, but schools guilty of breaching immigration law are just being issued letters. It's ludicrous, just absolutely ludicrous," said Allan Hughes, spokesman for Kiwi Immigration Watch.

"This will just encourage more schools, those that are in the business just for the money, to carry on breaking the law when they know all that they'll be getting from the department is a slap on the wrist."

Mr Hughes, a former Immigration New Zealand compliance officer, says having 20 schools break immigration law in just over six months shows the practice is widespread.

He said the department was being "unfair" in targeting students, while education providers were not "equally punished".

Immigration New Zealand is refusing to comment.

"We have responded to numerous questions on this matter from the New Zealand Herald and have no further comment," said the acting head of Immigration New Zealand, Stephen Dunstan, yesterday.

Under the Immigration Act, education providers are legally obliged to ensure that only students who have lawful authority to study are permitted to enrol.

The Code of Practice also stipulates that the provider must retain a copy of the student visa, which it must sight before a student begins study.

Despite the fact that Miss Wang had not held any visa to remain lawfully in New Zealand since December 2007, ICL Business School and AUT enrolled her as a student and allowed her to complete diploma and degree courses.

AUT, which received about $40,000 in fees from Miss Wang, said it had acted "in good faith" based on her assurances her visa was pending, but is now telling her she cannot get her degree because she did not have a permit.

Miss Wang said she was willing to return to China, but wanted to leave New Zealand with her bachelor's degree in business in accounting.

"I have worked hard to pass every single paper I took at AUT, and I don't think it's fair that they withhold my degree solely on the basis of my immigration status."