Key Takeaways
- Immigration New Zealand (INZ) received over 6500 complaints in the last year, with many regarding the lack of transparency and oversight in the visa application process.
- Offshore applicants are not provided with written reasons for visa rejections and have limited options for appealing or challenging decisions.
- Immigration lawyers Pooja Sundar and Stewart Dalley argue that the current complaints process is inadequate and that a more transparent and accountable system is needed.
- The lack of oversight and accountability in the visa application process can lead to incorrect decisions and unfair treatment of applicants.
Introduction to the Issue
Immigration lawyers Pooja Sundar and Stewart Dalley have raised concerns about the lack of transparency and oversight in the visa application process in New Zealand. According to them, the current system is unfair to offshore applicants who are not provided with written reasons for visa rejections and have limited options for appealing or challenging decisions. This can lead to incorrect decisions and unfair treatment of applicants, with many being forced to reapply or make complaints that may not be effective.
The Current Complaints Process
The current complaints process in New Zealand is limited, with many complaints being dismissed or not addressed. Immigration New Zealand (INZ) received over 6500 complaints in the last year, but many of these were not related to the decision itself, but rather to the process followed. The complaints process is not designed to review the merits of the application, but rather to ensure that the correct procedures were followed. This can be frustrating for applicants who feel that their application was unfairly rejected or that they were not given a fair chance to provide additional information.
The Need for Transparency and Accountability
Sundar and Dalley argue that a more transparent and accountable system is needed to ensure that applicants are treated fairly and that decisions are made correctly. They suggest that officers should be required to provide written reasons for visa rejections and that applicants should be given the opportunity to respond to concerns about their application. This would help to ensure that decisions are made correctly and that applicants are given a fair chance to provide additional information. Additionally, a more transparent and accountable system would help to prevent incorrect decisions and unfair treatment of applicants.
The Limitations of the Current System
The current system is limited in its ability to review and challenge decisions. Offshore applicants are not able to appeal or challenge decisions in the same way that applicants in New Zealand can. This can make it difficult for applicants to get a fair hearing and to have their applications reviewed. The office of the Human Rights Commission is also unable to investigate immigration-related issues, which can make it difficult for applicants to get help and support. The only recourse for many applicants is an expensive judicial review in the High Court, which can be a daunting and costly process.
The Impact on Applicants
The lack of transparency and accountability in the visa application process can have a significant impact on applicants. Many applicants are forced to reapply or make complaints that may not be effective, which can be frustrating and costly. The process can also be emotionally challenging, particularly for applicants who are trying to visit family or friends in New Zealand. Sundar and Dalley argue that a more transparent and accountable system is needed to ensure that applicants are treated fairly and that decisions are made correctly.
The Response from Immigration New Zealand
Immigration New Zealand (INZ) has responded to the concerns raised by Sundar and Dalley. According to INZ complaints manager Katy Goodwin, while temporary visa applicants outside of New Zealand do not have a formal right of appeal or reconsideration, "immigration officers may reconsider an application if new and compelling information is promptly provided". Goodwin also suggests that applicants should submit a new application with all the correct and required information, answering any concerns that were outstanding from the declined application. However, this response does not address the underlying concerns about the lack of transparency and accountability in the visa application process.
Conclusion
The visa application process in New Zealand is in need of reform. The current system is limited, with many complaints being dismissed or not addressed. The lack of transparency and accountability in the process can lead to incorrect decisions and unfair treatment of applicants. Sundar and Dalley argue that a more transparent and accountable system is needed to ensure that applicants are treated fairly and that decisions are made correctly. This would require changes to the current complaints process and the introduction of a more effective system for reviewing and challenging decisions. Until then, many applicants will continue to face frustration and disappointment in their attempts to visit New Zealand.