Strange Immigration Decision

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tdgeek

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#1511526 11-Mar-2016 18:37

I expect they have strict guidelines, and thats based on the law. They do take a tough line but so do other countries. The many instances of this that I see on Border Security, NZ, OZ, Canada show this. I just out it down to a heavy emphasis on employment being lost to imports. But I feel that they don't have much discretion as they have to go by the law. If its very marginal, they can show discretion but the aupair stated she will be working. I take it that its taking the hard line, to A) comply with what the statute states, and B) to draw a clear line. We see many instances of discretion when it come to food items. Some get fined, some get a warning. I take it that employment is a big deal

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#1511673 11-Mar-2016 23:58

tdgeek:

I expect they have strict guidelines, and thats based on the law. They do take a tough line but so do other countries. The many instances of this that I see on Border Security, NZ, OZ, Canada show this. I just out it down to a heavy emphasis on employment being lost to imports. But I feel that they don't have much discretion as they have to go by the law. If its very marginal, they can show discretion but the aupair stated she will be working. I take it that its taking the hard line, to A) comply with what the statute states, and B) to draw a clear line. We see many instances of discretion when it come to food items. Some get fined, some get a warning. I take it that employment is a big deal

Working and employment is not the same thing.

As already mentioned, taking out the rubbish or doing the dishes = work.

Coming to NZ to find work = employment.

Coming to NZ for holiday (1. spend money 2. have a holiday agenda) and taking out the rubbish ... well you have a choice to tell Imm whether you are coming for employment or holiday. If you say employment = deport. If you say holiday = welcome. Unfortunately the Aussies declared employment to the sole Imm officer who didn't like the look of those guys.

MikeB4

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#1511712 12-Mar-2016 06:32

joker97:
tdgeek:

I expect they have strict guidelines, and thats based on the law. They do take a tough line but so do other countries. The many instances of this that I see on Border Security, NZ, OZ, Canada show this. I just out it down to a heavy emphasis on employment being lost to imports. But I feel that they don't have much discretion as they have to go by the law. If its very marginal, they can show discretion but the aupair stated she will be working. I take it that its taking the hard line, to A) comply with what the statute states, and B) to draw a clear line. We see many instances of discretion when it come to food items. Some get fined, some get a warning. I take it that employment is a big deal

Working and employment is not the same thing.

As already mentioned, taking out the rubbish or doing the dishes = work.

Coming to NZ to find work = employment.

Coming to NZ for holiday (1. spend money 2. have a holiday agenda) and taking out the rubbish ... well you have a choice to tell Imm whether you are coming for employment or holiday. If you say employment = deport. If you say holiday = welcome. Unfortunately the Aussies declared employment to the sole Imm officer who didn't like the look of those guys.

In this and similar situations it is irrelevant what you, I or anyone here thinks the interpretation is. What matters is what the governing legislation gives the definition as and what the official approved policy requires.

tdgeek

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#1511736 12-Mar-2016 08:28

joker97:

tdgeek:

I expect they have strict guidelines, and thats based on the law. They do take a tough line but so do other countries. The many instances of this that I see on Border Security, NZ, OZ, Canada show this. I just out it down to a heavy emphasis on employment being lost to imports. But I feel that they don't have much discretion as they have to go by the law. If its very marginal, they can show discretion but the aupair stated she will be working. I take it that its taking the hard line, to A) comply with what the statute states, and B) to draw a clear line. We see many instances of discretion when it come to food items. Some get fined, some get a warning. I take it that employment is a big deal

Working and employment is not the same thing.

As already mentioned, taking out the rubbish or doing the dishes = work.

Coming to NZ to find work = employment.

Coming to NZ for holiday (1. spend money 2. have a holiday agenda) and taking out the rubbish ... well you have a choice to tell Imm whether you are coming for employment or holiday. If you say employment = deport. If you say holiday = welcome. Unfortunately the Aussies declared employment to the sole Imm officer who didn't like the look of those guys.

Rightly or wrongly, that is the law. Same applies to other countries, not just NZ

Dratsab

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#1511980 12-Mar-2016 14:05

MikeB4:
joker97:
tdgeek:

I expect they have strict guidelines, and thats based on the law. They do take a tough line but so do other countries. The many instances of this that I see on Border Security, NZ, OZ, Canada show this. I just out it down to a heavy emphasis on employment being lost to imports. But I feel that they don't have much discretion as they have to go by the law. If its very marginal, they can show discretion but the aupair stated she will be working. I take it that its taking the hard line, to A) comply with what the statute states, and B) to draw a clear line. We see many instances of discretion when it come to food items. Some get fined, some get a warning. I take it that employment is a big deal

Working and employment is not the same thing.

As already mentioned, taking out the rubbish or doing the dishes = work.

Coming to NZ to find work = employment.

Coming to NZ for holiday (1. spend money 2. have a holiday agenda) and taking out the rubbish ... well you have a choice to tell Imm whether you are coming for employment or holiday. If you say employment = deport. If you say holiday = welcome. Unfortunately the Aussies declared employment to the sole Imm officer who didn't like the look of those guys.

In this and similar situations it is irrelevant what you, I or anyone here thinks the interpretation is. What matters is what the governing legislation gives the definition as and what the official approved policy requires.

The thing is, INZ officials DO have a fair amount of discretion. That discretion is enshrined in the Immigration Act 2009 so I'm not sure why you keep trying to push the line that they don't. My previous post outlines EXACTLY what lines the official could have gone down, and this comes from not only my experience but INZ people I've spoken to.

Geektastic

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#1512801 14-Mar-2016 10:30

I see the young lady in question has now received an apology....

tdgeek

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#1512827 14-Mar-2016 10:59

Geektastic:

I see the young lady in question has now received an apology....

Fair enough. The issue wasnt the deportation, but the jail time, as there were no other options, which they are looking into. But the key is the deportation was correct.

Saw one like this on Canada episode. No flights that night, so they allowed him to enter Canada for the night, then come back to airport to be deported. Given the girls flight risk, that would have been the thing to do. I think the Canada one had a family aspect

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bazzer

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#1513360 15-Mar-2016 00:02

Saw a related story in the Herald today. Young NZ ballerina off to London to study dance. Travelled over on a tourist visa to start studying rather than waiting for her student visa to be processed. Result? Sent home.

I don't think it's that hard to research the correct visa before you go somewhere, is it?

wasabi2k

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#1513405 15-Mar-2016 06:11

bazzer:

Saw a related story in the Herald today. Young NZ ballerina off to London to study dance. Travelled over on a tourist visa to start studying rather than waiting for her student visa to be processed. Result? Sent home.

I don't think it's that hard to research the correct visa before you go somewhere, is it?

For me, "she'll be right" should never ever be applied when dealing with either immigration or the IRD.

Geektastic

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#1513510 15-Mar-2016 09:38

bazzer:

Saw a related story in the Herald today. Young NZ ballerina off to London to study dance. Travelled over on a tourist visa to start studying rather than waiting for her student visa to be processed. Result? Sent home.

I don't think it's that hard to research the correct visa before you go somewhere, is it?

I agree (although given the number of random foreign bludgers Britain admits these days with no more than a wave, I am surprised at the concern over one civilised Kiwi) although by way of comparison I do not think a few hours of childcare during a week's stay is any kind of equivalent to attending a 3 year course of study.

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#1513537 15-Mar-2016 09:59

Going to a foreign country to study on a tourist visa is a bit different from tagging along on an all expense paid holiday on a tourist visa. Which Of course is different from tagging along to work for a family on their holiday. Words.

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