Ryall Tony: Questions for Oral Answer — Questions to Ministers 
Ryall Tony: Questions for Oral Answer — Questions to Ministers 
[Volume:626;Page:20889] 
12.  
Hon TONY RYALL (National—Bay Of Plenty) 
 to the  
Minister of Immigration 
: Is it possible for a person facing serious criminal charges to be granted refugee status; if so why? 
Hon PAUL SWAIN (Minister of Immigration) 
: 
 It depends on where the criminal charges are laid. I am advised that if they were laid in any country other than New Zealand then article 1(f) of the refugee convention states that a person who has committed war crimes crimes against peace or humanity or serious non-political crimes outside the country of refuge or who acts contrary to the purposes and principles of the United Nations can be denied refugee status. I am also advised that if criminal charges were laid in New Zealand then refugee status could be granted but it would not automatically lead to the granting of residence. A refugee can be deported if the person is considered a danger to the community as a result of criminal convictions. 
Hon Tony Ryall 
: How does he explain to law-abiding New Zealanders the fact that a foreign man with serious criminal charges pending for threatening to kill two New Zealanders can be granted refugee status by an appeal authority that knew of these offences? 
Hon PAUL SWAIN 
: My advice would be that this has been around since probably the convention was introduced and certainly during the period of the 1990s when that member was a Minister in Cabinet. 
Georgina Beyer 
: Will the review of the Act consider issues relating to refugees? 
Hon PAUL SWAIN 
: Yes. The Government has already indicated that it will honour its international obligations. However the review will consider matters relating to refugees and refugee status. For example the issue of refugees who have come from a third country in which they could have applied for refugee status but who failed to do so will be addressed. 
Hon Tony Ryall 
: Why did no one from his department go to the appeal authority hearing to try to get this man out of New Zealand when the department knew about his crimes? 
Hon PAUL SWAIN 
: That is a matter for the department. But the member will know that part of the convention is as I outlined in my original answer. 
Hon Tony Ryall 
: How can this man come to New Zealand on a student visa and after being held in prison as an overstayer later be accepted as a refugee with no one from the Minister’s department appearing before the appeal authority to stop that from happening? 
Hon PAUL SWAIN 
: What the department does or does not do is a matter for the department but what I can say is that the whole issue around the status of refugees is one of the matters that will be addressed as part of the review of the Act. It has been around since that member was actually a Minister in a previous National Government. 
Hon Tony Ryall 
: I seek leave to table the Refugee Status Appeals Authority ruling in refugee appeal No. 75081. 
Document by leave laid on the Table of the House. 
Rt Hon Winston Peters 
: What on earth does the Minister think he is doing in his job if he cannot supply a satisfactory answer to the question that was just put to him by the member from the National Party? 
Hon PAUL SWAIN 
: On the contrary I thought my answers were fabulous.