International Migration Outlook - New Zealand 2007/08
6. Irregular Migration
6.1. Overstayers
"Overstayer" is the term used to describe a person who is in New Zealand unlawfully (in terms of the Immigration Act 1987), either because he or she has entered without a permit or because he or she has remained in New Zealand beyond the period specified in their permit.
New Zealand legislation provides strong powers for the removal of people unlawfully present in New Zealand. Those who are removed face a five year ban on return to New Zealand while those who depart voluntarily are eligible to be considered to return.
Currently the New Zealand labour market is tight, with low unemployment, which means there are greater incentive and opportunities for overstayers and temporary permit holders to work unlawfully, if they should wish.
As at 31 October 2007[36] the estimated number[37] of overstayers in New Zealand was 17,485. The estimated rate of overstaying (the number of overstayers compared to the number of temporary arrivals) remains very small, about one tenth of one percent (0.11%) overall.
A total of 1,477 overstayers departed New Zealand in the year ending June 2008, 714 were removed and 763 left voluntarily.
| 2001 /02 | 2002 /03 | 2003 /04 | 2004 /05 | 2005 /06 | 2006 /07 | 2007 /08 | |
|---|---|---|---|---|---|---|---|
| Total | 913 | 1,114 | 1,742 | 1,826 | 1,843 | 1,532 | 1,477 |
| Removed | 503 | 555 | 896 | 985 | 1,021 | 758 | 714 |
| Voluntary | 410 | 559 | 846 | 841 | 822 | 774 | 763 |
Source: Department of Labour
The Department has legislative provision to regularise people unlawfully in New Zealand where it is felt there is sufficient benefit to New Zealand of the person remaining. Immigration officers have discretion to make such decisions, and regularisation cannot be applied for. Typically regularised people are granted a temporary permit (Section 35a) to remain in New Zealand only for a specified time period. Holders of temporary permits are entitled to apply for further temporary permits or permanent residence from onshore.
| Residence | Student | Visitor's | Work | Total |
|---|---|---|---|---|
| 34 | 2,956 | 4,121 | 4,648 | 11,759 |
Source: Department of Labour
6.2. The employment of foreigners in an irregular situation
New Zealand considers that the use of unlawful workers denies opportunities for lawful workers and undermines pay and working conditions for those with entitlement to work. It also increases the risk of exploitation.
New Zealand has a range of activities and measures in place to combat the unlawful employment of foreigners and has progressed changes to immigration law as part of a review of the current Immigration Act 1987.
Under the Immigration Act 1987, an employer must not either knowingly, or without reasonable excuse, employ a non-citizen who is not entitled work in New Zealand. However, if a worker in question provides the employer with an Inland Revenue Department tax code declaration IR330 form, and the employer did not know the worker was not entitled to work, the employer is deemed to have a "reasonable excuse".
The current "reasonable excuse" is a self declaration and easy to abuse. The excuse in the Immigration Bill, which is currently awaiting its second reading in parliament, changes this. The Immigration Bill will effectively require a prospective employer to take reasonable steps to determine a person's entitlement to work to have a "reasonable excuse" for employing a foreigner without entitlement.[40]
6.3. Border Security
Advanced Passager Screening (APS) includes Advance Passenger Processing (APP), which is a check made by airlines. The validity of a passenger's passport and visa information is checked against data held in Department of Labour immigration systems at check-in. This effectively moves New Zealand's border offshore. The advance passenger information that it provides also enables airport staff to profile passenger details and to assist in identifying those passengers who may present risk before the flight arrives in New Zealand. The Regional Movement Alert System (RMAS) is part of APP and allows participating countries to detect the use of invalid travel documents.
APS went live in July 2003, and legislation passed in July 2004 allowed the use of APP to be made mandatory for all airlines flying to New Zealand. In 2007/08, 1,024 people were prevented from boarding flights to New Zealand. Another 1,197 people were turned away at the New Zealand border, down from the 1,328 turned away in 2006/07.
RMAS has been in place since April 2006, and has to date resulted in New Zealand refusing travel to 106 people attempting to use lost, stolen or invalid passports.
In 2007/08 the Department of Labour (Immigration New Zealand), the New Zealand Customs Service (NZCS), the Ministry of Transport, and the Ministry of Agriculture and Forestry (MAF Quarantine) formed an interagency Border Sector Governance Group (BSGG). The focus of the BSGG has been to establish and promote a recognised border sector, improving the coordination and alignment of the core border agencies and their operations at the border. Four key streams of work are underway; Identity at the Border, Passenger Facilitation and Risk Management at the Border, Intelligence/Risk Framework and Alert Systems, and Trade Single Window.
Immigration New Zealand is also reviewing its business processes including its customer management IT systems. As part of this business process evaluation the programme is considering the use of biometrics in the immigration process. The use of biometrics could reduce the number of people entering New Zealand under multiple or fraudulent identities and enhance passenger facilitation at ports of arrival.
The BSGG provides an avenue for the coordinated development of this new immigration system with the development of a new Customs Border Management System. This represents opportunity for both agencies to ensure greater use of combined intelligence holdings to make better decisions on identifying and managing passengers that potentially present immigration or Customs risk.
The immigration bill currently awaiting Government approval contains provision for the use of biometrics. It also contains provision to enhance the powers of immigration compliance officers to locate and remove people unlawfully in New Zealand. It is expected that this legislation will be considered by Government in 2009.
Footnotes
[36] Overstayer estimate report January 2008
[37] This includes migrants and refugees from all categories except ‘residence category’.
[38] Excluding ex-refugees
[39] If more than one 35a application was approved for the same person the last application is considered and the applicant is counted only once.
[40] More information of this can be found at: http://www.dol.govt.nz/