Overstay changes frighten Islanders

By ALAN PERROTT and NZPA

Long-term overstayers are bracing themselves for legislation granting immigration officers the power to detain them and send them home on the same day.

The legislation is already in force for illegal immigrants who arrived in New Zealand after October 1 last year.

Long-term overstayers can be instantly deported from October 1 this year. Until then, those issued with a deportation order have 42 days to appeal to the Removal Review Authority.

The Immigration Service estimates that there are 25,000 overstayers in New Zealand, but is unable to break that number into nationalities.

Tongan community spokesman Alexis Huni said people were scared.

"Some of these families have been here for years, but after October 1 anyone could be picked up and sent home. Who knows how many are running away to hide. They are scared. Some are hoping for an amnesty, but I don't think there will be one."

Mr Huni is assisting Tongans with visa applications and recommends that overstayers contact Immigration to take advantage of the 42-day appeal period.

Mangere Labour MP Taito Phillip Field said there was a mood of fear and uncertainty in the Pacific Island community.

"There are many European overstayers as well, but Pacific Islanders have been targeted before because they are more easily identifiable."

He is not calling for a full amnesty, but wants the "draconian" elements of the legislation reviewed.

"The first inhabitants of Aotearoa were Pacific Islanders and that special relationship is not being recognised."

Mr Field said there would not be a return to the dawn raids of the mid-70s.

The concerns within the Pacific Island community have led to an education programme, partially funded by the Department of Labour, being extended for another two months.

The Pacific Law 2000 (PL2K) campaign focuses on immigration issues for Pacific Islanders.

PL2K worker and Papatoetoe lawyer Mele Tuilotolava said part of the problem was that some overstayers could not afford visa applications.

"They should be going to someone to get help with their immigration status. But for many the cost ... is crippling."

Applications cost $500, but consultant or legal fees can add another $3000.

Ms Tuilotolava is worried that immigration officers will use their new powers aggressively.

"Immigration officers are already visiting cells to question suspects on their immigration status."

She urges people at risk of deportation to attend the PL2K seminars.



Community groups are lobbying Immigration Minister Lianne Dalziel for at least a partial amnesty for Pacific Island overstayers.

Ms Dalziel says she is happy to enforce the legislation in future, but is uncomfortable with the impact on those who have been here a long time.

"I don't think applying the rule change to those individuals is entirely fair."

She will not offer established overstayers any assurances of a future amnesty.

Ms Dalziel has said she will consider options on how to deal with the issue, but they will not include an amnesty.

A report on overstayer numbers and various options on how to deal with them will be submitted to the cabinet next month.



The next PL2K seminar will be held in the Tongan Methodist Church in Otara on August 25.

Visa application inquires can be made to Mr Field's electorate office, phone (09) 276-4799.

While overstayers face tougher rules, Ms Dalziel is considering loosening immigration criteria for businesspeople and investors.

She says she is taking her concerns to Finance Minister Michael Cullen and Economic Development Minister Jim Anderton, and will get officials to review the policy for business immigrants.

She questions whether current policy is producing the best economic benefits for the country.

"I am not convinced that it is," she says, stressing that her position is personal and not Government policy at this stage.

"I think we could improve the business investment opportunities for migrants to New Zealand, and the rules around business migration may in fact be a little too tight."

She says a business investor with so-called "passive" investment plans has to invest at least $1 million and that threshold increases the older the applicant is. "It's quite a significant initial investment.

"There are a lot of people who would make an initial investment before deciding to move to New Zealand, and then once they have moved, they bring a lot more, so maybe that threshold could be too high."

Ms Dalziel says officials will review business policy once they have completed their evaluation of humanitarian and general immigration rules.