9. Immigration—Fraudulent Visas and International StudentsDENISE ROCHE (Green) to the Minister of ImmigrationImmigration—Fraudulent Visas and International Students9. DENISE ROCHE (Green) to the Minister of Immigration: Does he believe that it is fair that the Indian students seeking sanctuary in an Auckland church should be deported for visa fraud if they have not been charged with that offence?Hon MICHAEL WOODHOUSE (Minister of Immigration): Yes I do. I also think it is fair that despite being unlawful for 6 to 9 months they have been allowed to stay in New Zealand complete their studies and receive their qualifications—as I am advised is the case with six of the seven students being represented by Mr McClymont. I also think it is fair that those students have had ample time to get their affairs in order and I think it is fair that they have been given the chance to voluntarily depart New Zealand.Denise Roche: Have there been no charges laid under the Immigration Act because the Government cannot in fact prove beyond reasonable doubt that these students were aware of the fraud committed by immigration agents in their name?Hon MICHAEL WOODHOUSE: No. I have a copy of a student visa application in front of me the like of which would have been signed by those people saying they had provided true and correct answers to the questions in the form and saying that they had attached evidence that they had access to sufficient funds to support themselves throughout the intended length of their stay. There is no question that the responsibility for that information is the applicant's.Denise Roche: Given that answer what evidence is there in that that there is the intention to defraud that you have seen that made you think that deportation rather than prosecution under the Immigration Act is fair or in line with the principles of natural justice?Hon MICHAEL WOODHOUSE: The Immigration Act provides two mechanisms for dealing with the provision of false information in visa applications: deportation or prosecution. Immigration New Zealand (INZ) is satisfied that the students are liable for deportation for providing false information in an application they signed. A prosecution is neither necessary nor desirable. INZ can respond without burdening the courts. In line with the Act the students were told why they were liable for deportation given the chance to provide reasons why deportation should not proceed and had appeal rights to the Immigration and Protection Tribunal.Denise Roche: Given that the visa applications were found to be fraudulent after the students had paid their fees and after the courses is it not fair to say that Immigration New Zealand failed a basic process in evaluating the visas at the start and should the students have to bear the impact of that mistake?Hon MICHAEL WOODHOUSE: Well I think Immigration New Zealand has shown significant compassion in allowing the students to be able to stay and to complete their courses and on as I say six or seven occasions actually getting the qualifications the students were seeking. I would also add that in a visa system that issues somewhere in the region of three-quarters of a million visas per year the honest attestations of the applicants is a significant part of that with sanctions for non-compliance.Denise Roche: I seek leave to table this document which is from the lawyer. It shows that Immigration New Zealand failed to interview some of the students during their visa process. It is not publicly available and it contains specific dates and specific notes about who was interviewed as part of the visa application process.Mr SPEAKER: Does the Minister wish to speak before I put the leave?Hon MICHAEL WOODHOUSE: Well I still do not know what the source of the document is.Denise Roche: It is from the lawyer.Mr SPEAKER: So as I understand it it is an information sheet of allegations by the lawyer against Immigration New Zealand. Does that sum it up?Denise Roche: It is a summary of the notes that the lawyer has kept from the immigration file cases.Mr SPEAKER: I will put the leave and the House will decide whether it is relevant to them. Leave is sought to table that particular document. Is there any objection to it being tabled? There is objection.Denise Roche: Does the Minister agree with religious leaders Cardinal John Dew Archbishop Philip Richardson and Rev. Prince Devandanan who have called on this Government to reconsider your actions in the name of humanitarianism and justice?Hon MICHAEL WOODHOUSE: At the time those religious leaders wrote to me they were not in possession of I think very important information and that is this: despite being unlawful these students were able to complete their courses and obtain their qualifications. That was the purpose of their visit. The time has come for them to go home.