Petition of Victor Wellington: Remedial settlement sought from the Government for SMC and RFW victims

[lf71victor]

https://www.parliament.nz/en/pb/peti...tlement-sought
Petition request
That the House of Representatives urge the Minister of Immigration to vary re-entry/travel conditions to 'Indefinite' for people who now have residence visas who had their SMC&RFW visa processing delayed due to INZ’s internal criteria between July 2018 and February 2020.

Petition reason
The Chief Ombudsman concluded that INZ exceeded the limits of its authority and lacked transparency when it established internal criteria for processing of some SMC&RFW visas between July 2018 and February 2020, which led to processing delays for some applicants. In August 2021 the Government announced the new 2021 resident visa. We believe this did not repair the loss for people who were affected by INZ’s internal criteria.

Above is the petition wording that could be published on the Parliamentary website. Your signatures are greatly appreciated! Below is the full original wording:

1. I write to support our petition to the House of Representatives. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, and that among these are Life, Liberty and the pursuit of Happiness.
2. The Chief Ombudsman released a Final Opinion on the SMC RV and RFW processing matters on the 22nd of April 2021. The Chief Ombudsman concluded limits of authority and lack of transparency over the unfair prioritisation and processing delay (during the period from July 2018 to 23 February 2020). In August 2021, NZ Government announced 2021 New Resident Scheme trying to settle this matter down, notwithstanding this did not actually repair the loss of the group of people (in the following section, we adopt the term, ’Phase 1 applicants of 2021 RV’ or ’SMC&RFW Victims (who lodged their resident visa applications under SMC or RFW categories during the period from July 2018 to 23 February 2020)’ instead) who were affected by this matter. As of 13 May 2022, presumably, most of the affected people have got their resident class visas, that is, they are entitled to vote in New Zealand. Another aspect of the urgency of this petition is that the Productivity Commission has advised a final report to the government, ’Immigration Settings’ suggesting the government cease issuing the Permanent Resident Visa any longer, which is significantly unconscionable to our SMC&RFW Victims. We, therefore, proposed the new plan of settlement that we are currently seeking.
3. Settlement sought to repair the damages of our SMC&RFW Victims (Phase 1 applicants of 2021 RV)
4. Varying the Travel Conditions on our Resident Class Visas as per Immigration Act 2009
5. Given the circumstances, we acknowledge that most of the affected people by SMC RV and RFW processing delays are Phase 1 Applicants under the 2021 New Resident Visa scheme. Hence, these people had already been in New Zealand for more than 2 years prior to the resident class visa grant.
6. We submit that Immigration Minister or the Prime Minister is to vary our travel conditions on our resident class visa to indefinite, that is, awarding us the permanent resident visa straight away. As per S 71 (5) of the Immigration Act 2009, the Minister, in his or her absolute discretion, may grant a residence class visa to a person to whom subsection (4) applies. We excerpt S 45 (2) of Immigration Act 2009, In determining a visa application, the Minister or, subject to any special direction, an immigration officer, in his or her discretion, (c)may impose conditions on the visa granted, or vary or waive conditions that would otherwise apply to it. S 50 (2) provides, Following the grant of a resident visa, the Minister may, by special direction, (b) vary or cancel conditions that would otherwise apply to the visa or were imposed under subsection (1). We refer to S 50 (3), the Minister may also do 1 or more of the things in subsection (2) by agreement with the visa holder. S 51 (3) provides, that the Minister may vary the conditions of a visa under this section by special direction, as an exception to residence instructions.
7. Victims had been waiting for their SMC RV or RFW RV for two to three years. It is quite unfair only to grant them the Resident Visas with two-year travel and re-entry limits. During the long wait, people had been separated far away from their families overseas. They may eager to reunite but do not dare to do so due to the current uncertainty of the COVID-19 pandemic caused by border policy fluctuation and the limited flights.
8. Victims are unwilling to deal with Immigration New Zealand again after two years, which had been terribly maltreating them.
9. The current Permanent Resident Visa processing timeframe is now more than 6 months for 90% of applications as of the 23rd of May 2022. Moreover, the processing time has been increasing since 2019. It used to be 69 days for 90% of applications as of 19 April 2021. Victims are reluctant to wait for a long time again. Victims had been exhausted by the Government and INZ over the past three years.
10. INZ send most of the applications, whose citizenship are Chinese, Russian and etc to go through the National Security Check (NSC) while processing the Permanent Resident Visa applications. There is some possibility that INZ may take this as an excuse to decline the applicant’s application on that occasion or even DEPORT the applicant from New Zealand. Victims could not stand as unconscionable wrongdoings further.
11. Rectification of the Citizenship Act 1977
12. In accordance with Section 8 (2) Citizenship by Grant under the Citizenship Act 1997, The requirements referred to in subsection (1) (d) are as follows: (a) that the applicant is entitled in terms of the Immigration Act 2009 to be in New Zealand indefinitely: (b) that the applicant was present in New Zealand (i) for a minimum of 1 350 days during the 5 years immediately preceding the date of the application; and (ii) for at least 240 days in each of those 5 years, being days during which the applicant was entitled in terms of the Immigration Act 2009 to be in New Zealand indefinitely.
13. Given the fact that most Phase 1 applicants of the 2021 Resident Visa have stayed in New Zealand for at least 2 years, we submit this section may be modified as follows:
    
    
    The applicant is entitled to be in New Zealand indefinitely in terms of the Immigration Act 2009; And, the applicant has lived in New Zealand for at least 3 out of the last 5 years (1095 days) and at least 2 years being entitled to be in New Zealand indefinitely in terms of the Immigration Act 2009.

We, therefore, the Victims of SMC RV and RFW RV processing delay, Assembled, appealing to the House of Representatives of New Zealand for the rectitude of our intentions, do, in the Name, and by Authority of the good People of this Group of Community, solemnly publish and declare: That these petitions are, and of Right ought to be Justice and Conscionable, that they are Absolved from all Wrongdoings of the Government is and ought to be totally treated in a means of fairness; and that as Free and Independent People, they have full Power to conclude Rights, establish Justice, and to do all other Acts and Things which NZ Residents may of right do. And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honour.

Yours faithfully,

Victor Wellington

[lf71victor]

Please sign the petition: https://www.parliament.nz/en/pb/peti...tlement-sought.