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Indian Newslink 15th April 2018 Digital Edition

APRIL 15,

APRIL 15, 2018 04 Homelink Premise for Temporary Entry Visa fails INZ test Jayendran Govindan The law is clear on the basis of issuing a partnership-based Temporary Entry Visa. It states that a marriage, civil union or de facto relationship must be of genuine and stable relationship. A partnership is genuine if it is with the intention of being maintained on a long-term basis and it is stable because it is likely to endure. Steve & Krystel Razos In a recent case of Steve Razos reported by the New Zealand media, the Temporary Entry Visa for Steve’s wife Krystel was declined. Based on the facts as stated in the media, it was reported that the couple had legally married. Krystel is now in the Philippines and the husband’s attempt to get a visa for his wife had not been successful. Her application for a visitor’s visa was declined three times and one partnership work visa was also declined. The reason was that Immigration New Zealand (INZ) was not satisfied that the couple was in a genuine and stable relationship. In this case, the couple had a twoyear-old son and because she could not get a temporary stay in New Zealand, she is in the Philippines with her child. United Nations Convention Under Article 9 of the Convention on the Rights of the Child ratified and acceded by General Assembly which came into force on September 2, 1990, says that the State’s Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Therefore, in Krystel’s case, INZ could have used their discretionary powers to look at the child’s welfare and not separate the family from the father. The child would be missing his father’s love and affection as well. Determining bona fides I agree that for purposes of a partnership-based Temporary Visa, it is pertinent that the couple’s relationship is genuine and stable. However, if there is sufficient evidence such as aMarriage Certificate, evidence of joint ownership of a house, joint bank account, letters of support from the couple’s parents and friends and neighbours together with photographs, then perhaps due consideration could be given to these documents. It is agreed that it is not always easy to establish whether a relationship is genuine and stable. However, some benefit of the doubt must be Auckland seems to be the first and last choice (Picture Courtesy: Education New Zealand) given where there is ample evidence to the marriage and she had been in to establish a genuine and stable New Zealand for one year. relationship. They had letters of support from In Krystel’s case, while it was friends, but her application was alleged by INZ that there was some declined. misleading information in her application, the real reason appears to be though the couple jointly owned INZ was of the view that even that the officials were not satisfied a property, there was no evidence that they were in genuine and stable that the decision to own a property relationship. was a joint decision, that their living David & Amy Smith together was not a genuine and In another recent case, also stable partnership and hence their reported in the media, a 78-year Kiwi marriage was not likely to endure. man named David Smith and the She had to return to Hong Kong. wife Amy Smith from Hong Kong had David says that his marriage to married in a Church in New Zealand. Amy is only through Skype. She had spent more than $400,000 Unendurable Marriage in New Zealand and purchased a car In my view, the only reason the and a home and married the man she marriage is not likely to endure is loved. because of his age (78 years) and The couple had been in contact for that the couple need to spend time two years through Facebook prior together. Whilst we agree that a certain amount of discretion may be given to the case officers to ascertain whether a relationship is stable and genuine, this discretion should be judiciously used. In Smith’s case, how else are the couple to prove that they are in a stable and genuine relationship? It appears that ample evidence had been given to the Immigration officials, and yet her application for a visa was declined. Entrepreneur Visa At a recent Immigration Seminar, it was reported that the success rate for an Entrepreneur Visa was about 20%. Reports in media now state that only one in three Partnership-based Temporary Visa was approved in which case there is only about 30% success rate. As for the skilled migration category, the salary requirement has been raised to $50,523.20 per annum. However, employers sometimes cannot afford to pay that amount of salary. In short, it is getting tough to get an Entrepreneur Visa, a Partnership-based Residence Visa and a Skilled Migrants Visa. What next? Jayendran Govindan is an Advocate and Solicitor in Malaysia. He is currently practicing as a Barrister and Solicitor based in Takapuna, Auckland. 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APRIL 15, 2018 Have your say about Royal Commission of Inquiry Sir Anand Satyanand The Royal Commission of Inquiry into Historical Abuse in State Care is welcoming submissions from the public on the draft Terms of Reference. Neglect and abuse The legacy of people taken into state care who suffered neglect and abuse is a stain on our country’s history. A majority of people who have been in state care are Maori and Pasifika. While some people benefited, many did not and suffered abuse and neglect. The Human Rights Commission and the United Nations Committee on the Elimination of Racial Discrimination called for this matter to be the subject of an independent inquiry. The Government has accepted the task. Modes of submission The Royal Commission is now receiving submissions on the draft Terms of Reference. Submissions can be made by: Email: abuseinstatecare@ royalcommission.govt.nz Post: PO Box 10071, The Terrace, Wellington 6143 Free phone 0800-222727 (Available from 830 am on Tuesday April 3, 2018) Submitters should state if they want their submissions to be confidential. I have already spoken with a number of individuals and organisations with a history of involvement in state care. Now I would like to hear the views of the New Zealand community on the draft Terms of Reference. I will then present the Minister of Internal Affairs with a report on the results of the consultation along with any advice that I may have on the matters discussed. It will be for the Cabinet to agree the terms of reference, which will be formally notified by the Minister. The next steps Once the Terms of Reference are gazetted, the Royal Commission can begin the process of hearing evidence, addressing the needs and concerns of survivors and investigating ways to prevent further abuse. We have an obligation to make a better future for all New Zealanders. We need to work together to make sure we don’t repeat the mistakes of the past. You may wish to approach a friend or family member to help you make a submission. Please tell us if you want your submission to remain confidential. Submissions close on Monday, April 30, 2018. Sir Anand Satyanand is Chair of the ‘Royal Commission of Inquiry into Historical Abuse in State Care,’ constituted by the government towards the end of January 2018. He was Governor General of New Zealand from August 23, 2006 to August 23, 2011. Homelink 05

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