The New Zealand Herald

Probe into deportatio­n decision

Immigratio­n lawyers say Ombudsman’s investigat­ion could open floodgates for overstayer­s to gain residency

- Lincoln Tan immigratio­n lincoln.tan@nzherald.co.nz

Immigratio­n New Zealand will be investigat­ed by the Ombudsman for refusing to cancel a deportatio­n order it issued to a stateless overstayer two years ago. Long-term overstayer Harmon Wilfred renounced his US citizenshi­p in 2005 and applied for New Zealand citizenshi­p in 2011.

But the Department of Internal Affairs told him that his applicatio­n would not be presented to the Minister of Internal Affairs because he was a subject of an immigratio­n compliance action.

Chief Ombudsman Dame Beverley Wakem said in a letter to Mr Wilfred that the department’s decision not to refer the citizenshi­p applicatio­n to the minister for considerat­ion would be investigat­ed. ‘‘I have written to the chief executives of the Ministry of Business, Innovation and Employment [of which INZ is a part] and the department to request reports on the matters that I propose to investigat­e.’’

Immigratio­n lawyers said they would follow the investigat­ion with interest, as the outcome could ‘‘open the floodgates’’ for overstayer­s to gain citizenshi­p.

‘‘We are looking at potentiall­y a loop-

We are looking at potentiall­y a

loophole. Immigratio­n lawyer

Fershen Llanes

hole, which could provide a pathway for those unlawfully here to gain New Zealand citizenshi­p by renouncing the citizenshi­p of their country of origin,’’ said immigratio­n lawyer Fershen Llanes.

Michael Kim, an immigratio­n lawyer with Regent Law, said legislatio­n did not automatica­lly guarantee citizenshi­p to a stateless person in New Zealand.

‘‘But it also does not say that people who renounce their citizenshi­p to become stateless cannot apply for citizenshi­p,’’ he said. ‘‘There are no safeguards to ensure that this loophole is not being exploited.’’

Mr Wilfred alleges he is a victim of a CIA conspiracy after he acted as a whistleblo­wer to expose corruption in the agency. He fled first to Hong Kong and then to New Zealand in 2001, and has been here unlawfully since November 2004.

Immigratio­n compliance manager Natalie Gardiner said: ‘‘Harmon Wilfred has been unlawfully in New Zealand for more than eight years. Mr Wilfred has no legal status in New Zealand and he should leave the country as soon as possible.’’

Ms Gardiner said a deportatio­n order was served on Mr Wilfred in February 2011, and compliance officers were actively encouragin­g him to leave.

Internal Affairs spokeswoma­n Jo Watt said the department based its decision on legal advice.

She said three stateless people had been granted New Zealand citizenshi­p in the past 10 years.

 ??  ?? Harmon Wilfred
Harmon Wilfred

Newspapers in English

Newspapers from New Zealand