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NZ New Policy: Right of Appeal Retained?

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NZ New Policy: Right of Appeal Retained?

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Old Aug 31st 2003, 5:34 pm
  #1  
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Default NZ New Policy: Right of Appeal Retained?

It looks as though sense has prevailed on one dodgy aspect of the coming Skilled Migrant policy. The govt previously said the right to appeal NZIS decisions would be restricted, but as far as I can tell they seem to have changed their minds.

This is the relevant extract from a speech made by the minister in parliament last week, in which she presented the changes made so far to the new immigration bill as it proceeds through the committees etc.:

"The issues around restricting appeal rights on the basis of connection to New Zealand are finely balanced. On one hand, it is questionable whether people who have never been to New Zealand, and who have no or few ties here, should have any appeal rights.
On the other hand, the government acknowledges the concerns raised about the need to provide an independent review of all declined residence decisions in order to prevent the perception of unfettered decision making by visa officers offshore.
It is clear that many submitters considered that the current Residence Appeal Authority appeal process places an important check on the Immigration Service's use of power. To alleviate concerns, and as part of the initial implementation of the new residence framework, the current rights of appeal for persons declined a visa or permit have been retained.
These appeal rights will be included in the first principles review of the Immigration Act 1987 due to begin in 2004, once the new framework is established."

Full speech here:
http://www.beehive.govt.nz/ViewDocum...cumentID=17705

Cheers,
John
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Old Aug 31st 2003, 5:56 pm
  #2  
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Default Re: NZ New Policy: Right of Appeal Retained?

Originally posted by jseni01d
It looks as though sense has prevailed on one dodgy aspect of the coming Skilled Migrant policy. The govt previously said the right to appeal NZIS decisions would be restricted, but as far as I can tell they seem to have changed their minds.

This is the relevant extract from a speech made by the minister in parliament last week, in which she presented the changes made so far to the new immigration bill as it proceeds through the committees etc.:

"The issues around restricting appeal rights on the basis of connection to New Zealand are finely balanced. On one hand, it is questionable whether people who have never been to New Zealand, and who have no or few ties here, should have any appeal rights.
On the other hand, the government acknowledges the concerns raised about the need to provide an independent review of all declined residence decisions in order to prevent the perception of unfettered decision making by visa officers offshore.
It is clear that many submitters considered that the current Residence Appeal Authority appeal process places an important check on the Immigration Service's use of power. To alleviate concerns, and as part of the initial implementation of the new residence framework, the current rights of appeal for persons declined a visa or permit have been retained.
These appeal rights will be included in the first principles review of the Immigration Act 1987 due to begin in 2004, once the new framework is established."

Full speech here:
http://www.beehive.govt.nz/ViewDocum...cumentID=17705

Cheers,
John
I think you're right. If you look at the appeals history http://www.residenceappealauthority.govt.nz/ it's pretty clear that the Appeals Jurisdiction is in any case fairly lenient mostly towards people who will make a positive (financial) contribution to NZ but harsher on others - quitre pragmatic, really. Eg overstayers/ overage who have set up a successful business are allowed to stay.
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Old Sep 1st 2003, 1:07 am
  #3  
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Default Re: NZ New Policy: Right of Appeal Retained?

Hi all

This change only applies if you get invited to apply.

If you get lapsed, there's no chance of appeal even if NZIS get it wrong, which they do.

And without the need to tell people why they lapsed or how far short they were, NZIS still hold all the cards. Not a trasnparent process by any means.

Sigh.....


Originally posted by jseni01d
It looks as though sense has prevailed on one dodgy aspect of the coming Skilled Migrant policy. The govt previously said the right to appeal NZIS decisions would be restricted, but as far as I can tell they seem to have changed their minds.

This is the relevant extract from a speech made by the minister in parliament last week, in which she presented the changes made so far to the new immigration bill as it proceeds through the committees etc.:

"The issues around restricting appeal rights on the basis of connection to New Zealand are finely balanced. On one hand, it is questionable whether people who have never been to New Zealand, and who have no or few ties here, should have any appeal rights.
On the other hand, the government acknowledges the concerns raised about the need to provide an independent review of all declined residence decisions in order to prevent the perception of unfettered decision making by visa officers offshore.
It is clear that many submitters considered that the current Residence Appeal Authority appeal process places an important check on the Immigration Service's use of power. To alleviate concerns, and as part of the initial implementation of the new residence framework, the current rights of appeal for persons declined a visa or permit have been retained.
These appeal rights will be included in the first principles review of the Immigration Act 1987 due to begin in 2004, once the new framework is established."

Full speech here:
http://www.beehive.govt.nz/ViewDocum...cumentID=17705

Cheers,
John
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