Visa Exclusion Issues - James Turner — Transcript

Full transcript

1. 0:00[Music]
2. 0:13hello there and welcome my name is james
3. 0:17turner and i am senior solicitor at
4. 0:19laurent law barristers and celestia's
5. 0:22located in greylin auckland new zealand
6. 0:26we are a law firm which specialises in
7. 0:28new zealand immigration law
8. 0:32in this video i'm going to talk about
9. 0:34situations in which a person is excluded
10. 0:37from new zealand
11. 0:39meaning they are not eligible
12. 0:41to be granted
13. 0:42a visa or entry permission to enter or
14. 0:45be in new zealand
15. 0:47the circumstances in which someone might
16. 0:49be excluded from new zealand are usually
17. 0:52quite serious
18. 0:54in an earlier video which is posted on
19. 0:56our website my principal simon laurent
20. 0:59has presented regarding character
21. 1:01waivers which is a process which has
22. 1:03similarities to exclusion issues
23. 1:07for example a character issue such as a
24. 1:09criminal conviction
25. 1:11depending on how serious it is can give
26. 1:13rise to the need for a character waiver
27. 1:16or can also mean that the person is in
28. 1:18fact excluded from new zealand
29. 1:21a common situation in which a person may
30. 1:24require a character waiver in order to
31. 1:26be granted a temporary or residence visa
32. 1:29is where the person has a drink-driving
33. 1:31conviction
34. 1:33however more serious criminal
35. 1:34convictions can mean a person is
36. 1:37excluded from new zealand the only way
37. 1:40an excluded person can be granted a visa
38. 1:43or entry permission is if that person is
39. 1:45granted a request for a special
40. 1:47direction
41. 1:49the politicians who helped write the law
42. 1:51likely believe that serious criminal
43. 1:53convictions mean a person's character is
44. 1:55so tainted that they should not be
45. 1:58granted any visa or entry permission
46. 2:00unless the higher highest level
47. 2:02authority is given
48. 2:04by way of the grant of a special
49. 2:06direction
50. 2:08the full list of circumstances in which
51. 2:10a person is excluded from new zealand is
52. 2:12set out to section 15 of the immigration
53. 2:15act 2009
54. 2:17these are one any person who had any
55. 2:20time has been sentenced to a term of
56. 2:22imprisonment for five years or more
57. 2:25two
58. 2:26any person who at any time has been
59. 2:28sentenced to a term of imprisonment for
60. 2:3012 of 12 months or more within the last
61. 2:3210 years
62. 2:34three
63. 2:35any person who is subject to a period of
64. 2:37prohibition on entry to new zealand
65. 2:40prohibition can arise if someone is
66. 2:42deported from new zealand
67. 2:45four any person who at any time has been
68. 2:47removed or deported from new zealand or
69. 2:50excluded from new zealand under any law
70. 2:53and five any person who has at any time
71. 2:56been removed excluded or deported from
72. 2:59another country
73. 3:01furthermore section 16 of the
74. 3:03immigration act 2009 gives immigration
75. 3:06new zealand a broad power to exclude
76. 3:08someone from new zealand
77. 3:10where there is reason to believe the
78. 3:12person is likely to commit an offence in
79. 3:15new zealand that is punishable by
80. 3:16imprisonment is always likely to be a
81. 3:19threat or risk to security public order
82. 3:22or the public interest
83. 3:23or as a member of a terrorist entity
84. 3:26designated under the terrorism
85. 3:28suppression act 2002
86. 3:31we have seen situations where although a
87. 3:33person does not meet the listed criteria
88. 3:35for exclusion in section 15
89. 3:38immigration new zealand has applied
90. 3:40section 16 in order to deny in order to
91. 3:42deny a person a visa
92. 3:45section 16 is quite broad therefore
93. 3:48and that it can apply merely where there
94. 3:50is reason to believe a person poses a
95. 3:53risk
96. 3:55if a person falls into one of the
97. 3:57categories at section 15 or 16 they will
98. 4:00need the grant of a special direction
99. 4:02first before they can be granted a visa
100. 4:05or entry permission
101. 4:07although the immigration act states that
102. 4:09special directions will be considered by
103. 4:11the minister of immigration
104. 4:13practice special directions are usually
105. 4:15considered by
106. 4:17a delegated decision maker which is a
107. 4:19senior immigration new zealand official
108. 4:22the official has absolute discretion as
109. 4:25to whether they will grant the special
110. 4:27direction having absolute discretion
111. 4:29means the official does not have to give
112. 4:31reasons for their decision and in fact
113. 4:33they are not required to consider the
114. 4:35request for special direction if they
115. 4:37consider it is not appropriate to do so
116. 4:41the concept of absolute discretion also
117. 4:44applies in this context of section 61
118. 4:47requests which i have delivered a
119. 4:50previous video blog about
120. 4:55if you are a person to whom section 15
121. 4:57or 16 of the immigration act applies you
122. 5:00may very well need professional help to
123. 5:02gain entry to new zealand
124. 5:04at laurent law we have much experience
125. 5:07in preparing and filing special
126. 5:09directions
127. 5:10we can work with people to help them
128. 5:12explain their situation to convince a
129. 5:15decision maker that a special direction
130. 5:17should be granted
131. 5:19over time we have met people who while
132. 5:21they cannot change
133. 5:23the fact they have been convicted of in
134. 5:24a serious offence
135. 5:26for example may have explanations that
136. 5:28help to explain why the offending
137. 5:31occurred or they may have some
138. 5:33significant connection to new zealand
139. 5:35which justifies why they should be
140. 5:37granted a visa and entry permission even
141. 5:40though they have
142. 5:41a criminal conviction or convictions
143. 5:45matters such as these need to be
144. 5:47carefully discussed with the client and
145. 5:49supporting evidence prepared and
146. 5:50provided to immigration new zealand to
147. 5:53give the request for special direction
148. 5:55the best chance of success
149. 5:57requests for special direction are made
150. 5:59in writing therefore whoever prepares
151. 6:02and files the request needs a level of
152. 6:04skill and written advocacy
153. 6:06we are proud to offer such service at
154. 6:09laurent law
155. 6:11you may be interested to know that my
156. 6:13principal simon lorent has previously
157. 6:15written a blog article regarding the
158. 6:17consequences of being excluded from
159. 6:20another country specifically australia
160. 6:23simon makes the point in his article
161. 6:26that the new zealand high court
162. 6:28in new zealand high court case
163. 6:31has demonstrated that a complete and
164. 6:33total exclusion from another country is
165. 6:35required in order for a person to be
166. 6:37excluded from new zealand it is not
167. 6:40enough that a person has had mere
168. 6:41restrictions on the ability to enter
169. 6:43another country
170. 6:44place number
171. 6:46you can find simon's blog on our website
172. 6:48if you're interested to read more
173. 6:51if you believe you are excluded from new
174. 6:53zealand or perhaps you've applied you
175. 6:55have applied for a visa and subsequently
176. 6:57been informed by immigration new zealand
177. 6:59that you are excluded then we can help
178. 7:01please contact us for a consultation
179. 7:04using the contact information on our
180. 7:06website
181. 7:07thank you for listening and all the best
182. 7:17[Music]
183. 7:25you