Its a 6.4 on the sarcasto-meter(TM)!
Its funny isn't it that the immigration debate in New Zealand can limp along with barely any discussion on exactly how problematic the situation is for years until a Czech drug smuggler gets permanent residence then people loose their minds.
There has been some good coverage over time, such as Steve Kilgallon and Dileepa Fonseka's excellent series of articles on Stuff about exactly how widespread migrant exploitation in NZ is and how badly our immigration system is being rorted, but I have not herd the words "migrant exploitation" or "immigration rort" in the last six months as much as I have herd the words "Czech drug-smuggler" in the last week.
And perhaps its because there did not seem to be an obvious and easy way for the media or the desperately sinking National party to make a political football out the issue with those other two where as its been incredibly easy for people to focus down on the who and how of the recent decision rather than look at the bigger picture and ask exactly whats going on with immigration in this country.
Can we say dog whistle politics here. Yes we can.
Ian Lees-Galloway, as Minister of Immigration, made his decision about Karel Sroubek in one of the three following contexts:
1. Lees-Galloway (or one of his minions*) did not actually read past the cover sheet and just made their decision on the easy (but incorrect) emotion angle of the case,
2. Lees-Galloway read the file but the file the file did not have all the info so the decision was made with incomplete information, or
3. Sroubek was given residency as part of some deal with the Police, or some other agency, as part of his connection to the Hell's Angels and drugs smuggling in NZ.
Any of the above could be true but since we are listing facts about this case then lets list a few more.
4. Immigration NZ is run like a fast food franchise with lowly paid employees, quantity over quality decision making, outsourced and offshore functions** and a risk adverse senior management which knows the problems exist but will not face them,
5. Appeals to the Minister of Immigration only make it to their desk when ALL other avenues are closed and things are looking BAD (as in nobody wanted to approve your application), and
6. Its a total crap shoot when your case is gone to the minister for appeal, anything could happen.
In my five years at Immigration NZ I watched all sorts of cases get declined at every single other level and then go to the minister for final judgement and in some cases people that should definitely not be allowed into the country got to stay while those who had cases with the most compassionate grounds ever get rejected outright with no reason or explanation, because at that level the Ministers power is effectively absolute and there is no appeal if you loose (or in the case of those highly questionable individuals who got in: won).
That said the Minister can also make the right decision and one of the most heart wrenching cases of my career, that I was unable to approve despite it being a obvious "yes", finally got approved later by the Minister; to my utter happiness, and relief.
And for the record the Minister that I, and most of my fellow Immigration officers, felt made the best decisions was Michael Woodhouse.
For whatever reason when it usually needed to be declined he did and when it needed an approved he approved while, in my time at least, the worst Minister was Jonathan Coleman who we could only believe was deliberately doing the opposite of what should be done, every single time, as there seemed to be no other rational explanation for the atrocious range of appalling decisions he made (including allowing such a group of obviously questionable individuals to remain in NZ that I can only assume he had an obvious agenda to give residency to human rights abusing monsters over genuine cases***).
So the real questions in these circumstances is not "why did the minister approve Sroubek" but how can Peter Thiel get the red carpet treatment but Karel Sroubek cannot?
Or was he in the process of getting such treatment before the media turned it into a cheap morality play?
I'm not arguing for Sroubek to stay, I'm in the kick him out camp but I am also for stripping Mr Theil of his citizenship and that of anyone else who lies about their history and background (like National MP and Chinese Spy Jin Yang) because whats the bigger threat to the integrity of Aotearoa's immigration system and its democracy: a Czech drug smuggler or a Billionaire with a political view that lies somewhere to the right of Ann Rand and an intelligence agent of a foreign power with dictatorial political system and notorious human rights record as a sitting MP?
Hmmmmmm. Gee, I wonder what the answer could be?
But I have blogged about issues with Immigration in NZ before (here, here and here) and as easy it is to cry for the head of the current minister the reality is that we (or more correctly successive left and right governments) have decided that cheap labor is the key when we have an economic system which wants to keep wages low no matter the cost and that the only way to offset Kiwis heading across the Tasman, for better wages and living standards, is to over-inflate and over hype our international education system and ignore scams like getting married (and residency) for money on a large scale.
Yet the likely outcome is Sroubek will go while Theil and Yang get to stay because apparently Kiwis can only get outraged about immigration issues when its drugs and not abuses by the wealthy, obvious cases of espionage, migrant exploitation or marriage-for-residency scams which makes this less a genuine issue and more the most recent round of "wont someone think of the children!".
So lets not turn the issue into another round of political point scoring or as an obvious distraction from a genuine high crime, like National selling slots in their party to the highest foreign bidder, but instead say "yes" to kicking Sroubek out but lets also get rid of that billionaire guy who got citizenship only because he's filthy rich and that lying intelligence operative for a hostile power who is also, mysteriously, still roaming the halls of parliment.
And for those who think this is just some rant against foreigners let me add in that I am all for citizenship to those who genuinely want to be here or have no other place to go (like most refugees), who come to NZ because its a better place than where they come from or because they have a brighter future here than back in their homeland (read your average economic migrant).
NZ is built on the successive waves of immigration that have come to our shores but the current one has become less about genuine immigrants adding to the New Zealand experience and more about selling citizenship which opens us up to looking less like a functioning democracy and open society and more like a sleazy tax haven or banana republic.
I could go on here and write about how most immigration advisers (espically the prominent ones) are more part of the problem than a solution or how INZ has stripped staff and resource from its compliance arm to to such an extent that only the most brazen crimes get investigated even while staff and managers know exactly how bad things are, but those are posts for another day.
Suffice to say that Labour did not do itself any favors when Jacinda told people to "read between the lines" but the narrative in much of the media that Iain Lees-Galloway should be shaved and sterilized lest he escape, mate with Clare Curran and thus further dilute Labours political gene-pool with drooling mongoloids is overblown media focus at best (and as someone who like hyperbolic statements I know what that looks like) and desperate false flagging by National at worst because one crappy decision by the Minister of Immigration is just the tip (and not the summit) of the mess that immigration in this country has become.
If Sroubek goes so should Thiel, Yang and all those other "economic citizens" who will have the dollars to buy a seat in Parliament because its just not right.
Vootie!
*-Because, if my memory serves me correctly, the ministers private secretary can decide or advise on immigration appeals to the minister as much or the minister.
**-Immigration's document collecting functions are outsourced and many decisions are made in offshore branches by locally engaged employees working to fill what is effectively a quota
***-Id love to say more but all IOs agree not to disclose what they know when they leave INZ so thats as much as I can say without getting my "hands smacked".
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Showing posts with label Immigration. Show all posts
Showing posts with label Immigration. Show all posts
Monday, 5 November 2018
Tuesday, 16 January 2018
To deport, or not to deport: Is that the Question?
Question:
when is a citizen of a country not a citizen of said country?
Answer:
When you’re a criminal deportee.
It
seems that New Zealand’s immigration and citizenship policies are coming back
to bite it in the behind, or are they?
The
recent attempt by the media to manufacture some outrage over
“those bloody Australians” and their “evil” immigration policy regarding their
plans to deport NZ passport holders Alex Viane or Jacob Symonds to New
Zealand misses the real issues around how Kiwis are treated in Ozzie and how we
hand out kiwi citizenship on rather loose grounds.
Firstly,
yes Australia is treating some Kiwis living in Oz like crap by
cancelling/changing their visa conditions and attempting to raise university
fees in what should been seen as a blatant attempt to abuse the reciprocal
relationship that we currently have.
And
yes, Australia’s treatment of refugees in places like Manus Island and their
policy or turning back the boats of people trying to cross over to Australia
from Indonesia is draconian and cruel.
And
yes, the deportation of some Kiwis from OZ for very minor matters is pretty
rank stuff.
However,
both Symonds and Viane are not your average deportees and are, in fact being
deported due to their criminal records, to the country that they have
citizenship in: namely New Zealand, and criminal deportation is not the same as
normal deportation. If you are a criminal deportee (in either NZ or OZ) the
means by which you can be removed are much shorter and sharper.
The
fact that New Zealand has had to resort to diplomatic measures to try and stop
this indicates how weak our position is because at the end of the day,
regardless of why they are actually being deported, they hold citizenship in NZ and
that makes them citizens of NZ and thus are fit to be deported back here.
And we
can’t refuse to take them because in doing so we would be behaving like places
such as Zimbabwe or one of those other fun countries which don’t accept people
being deported back there and that would make just as bad as them or worse, as we would be seen as hypocrites.
We
might not like Australia deporting Kiwis with criminal
convictions but NZ has similar legislation in place to do just the same thing
and can and has done such things in the past and that what things like
sovereignty and citizenship are all about.
Also
statements by PM Jacinda Ardern that Australia should only be deporting those
who have “roots” in New Zealand is just her flapping her rather considerable
gums, and she knows this, because once you give someone citizenship it does not
lapse simply because you haven't lived in New Zealand since or don’t have any
“roots” here, it remains until the day you die.
The
real issue here is that getting a New Zealand passport has become a matter of
convenience for many people and we give them away like candy so the potential for abuse or unintended consequences exists.
We
gave one to creepy billionaire Peter Theil with no questions asked when he
had barely spent any time here and was essentially in the same boat as Viane:
an individual who gained an NZ passport (and therefore citizenship) with no real
“roots” here nor any clear motive other than wanting to have one.
In
Viane’s case it may have been because his parents wanted to
live in Australia and therefore made use of the reciprocal
relationship agreements in place between us and them (as NZ passports are historically easier to get), he got his papers and
went off to live in Oz and there is nothing particularly wrong with that unless
we want to radically reshape how we grant citizenship.
And for Symonds his parents may have just left NZ when he was very young
(such as my daughter who was born in NZ but lived in Singapore from the age of
six months to eight years old) and lived in OZ ever since, nothing there takes away his right to be a Kiwi.
But in
Theil’s case he got to become a Kiwi by being immensely rich and then ripping
off the NZ government for even more money and probably laughed all the way back
to his platinum plated private jet before zooming back to the US; and at the end
of the day that is far worse than Viane or Symonds as we can only assume that
Viane had to meet some actual criteria while Theil was well below the
requirements and got in anyway because he* had “friends” in the right place.
None
of these men have clear roots in NZ and none of them have contributed anything
positive to NZ yet we gave all of them the go ahead because?
In
many ways this is the chickens coming home to roost for our immigration and
citizenship policy’s while average Kiwis in Oz still get short shirt from the Australian govt and a little support from their own.
In
reality the only defense is to be a lot more careful when granting
citizenship and (my personal preference) not giving out dual citizenship (ie if
you want to be a Kiwi you have to renounce any other citizenship you
hold). It would not solve all the issues but it would put the kibosh on people
backdooring Australia and then getting deported back to NZ when they become
criminals there and make us less attractive to those who want to use NZ as some
sort of bolthole for the ultra-rich.
And then there is the issue of these people being criminals: is that why the media is making such a stink about this? What has their being a criminal got to do with NZ wanting to use diplomatic means to prevent their return or Jacinda saying that they don't have "roots" here? Obviously it does or it would not be mentioned so prominently and especially when the media is usually on the side of people who are fighting deportation from NZ.
And then there is the issue of these people being criminals: is that why the media is making such a stink about this? What has their being a criminal got to do with NZ wanting to use diplomatic means to prevent their return or Jacinda saying that they don't have "roots" here? Obviously it does or it would not be mentioned so prominently and especially when the media is usually on the side of people who are fighting deportation from NZ.
I
would love to see Jacinda Ardern going on TV and denouncing Peter Theil as
having no “roots’ in NZ and saying that NZ will be using "all diplomatic
means" to get his creepy ass out of NZ but I am not holding my breath.
There is a lot more in the NZ/OZ immigration and citizenship debate than just a few crims being sent back to where their passport says they are from but you would not know that form the way the media has spun this out.
Kiwis love to talk about how great being a Kiwi is but we often undervalue it when we make citizenship such any easy deal and the cases of Theil, Viane and (possibly) Symonds demonstrate that.
*-Or
in reality, his money because if some other gay libertarian German with a taste
for human blood (but a whole lot less money) rocked up and asked for
citizenship his welcome would have been far less accommodating methinks.
Tuesday, 31 October 2017
Jian Yang: A spy in the Beehive?

Oblique strategy tip of the week: Try reading the sections of this post from back to front.
So the Jian Yang as a Chinese spy story keeps on getting more interesting the further we dig and kudos to Matt Nippert and the New Zealand Herald for continuing to run the story while the only other mainstream media outlet (Stuff) remains conspicuously silent* on what should be a red hot story.
And Nippert’s most
recent update makes it clear why it’s not a red hot story: “closer engagement
with China”.
However just
because we do a lot of business with China does not mean that we should ignore what is clearly a potentially serious security risk or believe the ridiculous claim made by Yang that this is racially motivated just because he is Chinese as there
are a few extra threads to this story which need to be pulled before we might actually
get an answer to our question: Is Yang a spy?
What is a spy?
Thanks to James
Bond films and TV shows like Homeland many people have the picture of spys to
be tuxedo wearing, martini swigging (shaken not stirred!), STD infected men,
engaging in an ongoing series of high adrenaline stunts in an attempt to stave
of midlife crisis or blonde haired, neurotic and mentally unstable women who
get to wear hijabs and constantly worry if their co-worker is secretly working
for Al-Qaeda**.
However the reality
is a lot more prosaic as most spies could be simply defined as “government
workers with high security clearances”*** who sit at their desks, work through
files and cases, work on policy and spend more time sitting in meetings than is
good for them. In short the same kind of work that most people in government
do, albeit under the shroud of secrecy.
A spy can also be
someone who is in a position to pass on information and documents to another
party in a clandestine manner, usually to a foreign power (although industrial
spies do exist) which is far closer to what Yang might be than having to drive
an Aston Martin backwards down a snow covered slope while fending off masked attackers
on skis with your bullet firing umbrella.
What is spying?
Again as with Bond and
Homeland the idea of what spies actually do is usually very far from the truth.
Spies collect information, do research/analysis and deal with issues of security
risk, which usually comes in the form of a security vet or assessment (of a
person, group or situation), which will be familiar to anyone who has ever had to
get a security clearance.
There are some in
the trade who do engage in things more traditionally seen as spying such as surveillance
(both physical and signals), black bag (B&Es and various other genuinely covert
activities like wet work) however these are a small minority compared to most
who work from desks in offices like other government employees.
And like the wider
definition of a spy noted above, spies can also be people in far more prosaic
roles such as a student or a business person who just happens to have access to
the source of information that an intelligence agency wants.
This often plays
out as an intelligence service going to see a particular person who is going to
travel to the country of interest and either asking that person to gather some
information for them; for example if the person was a student going to study at
a particular overseas university they might be asked to gather information on a
particular topic taught by a particular professor, enrol in that course or
simply attend a lecture by that person.
Then when said
person gets back to NZ they might be asked to come in for an interview or
simply write a report on what they saw and learnt which means that the person
who gathered the information is never in the employ of any intelligence agency
(and may never fully know the extent of what they have done) and the level of plausible
deniability can be maintained.
And while some
staff in foreign embassies (such as a military attaché) may be spies (or at least
reporting to a second agency other than their own) spies can also (as seen
above) exist well outside of any official channel and are simply doing their
job of gathering information quietly and surreptitiously without attracting
attention.
This makes Yang’s
claim that the people he taught were not spies but “simply collecting information” seem unknowingly self-incriminating and duplicitous as Yang
appears to be deliberately trying to paint a “spy” as the Hollywood trope rather
than the reality he would know by having taught them.
So Yang in his role
as both student in Australia and MP in NZ could quite easily be a spy without
having to be a card carrying member of some secretive organisation as both his positions
both here and in Oz would have given him access to a high level of information
which would be exactly the stuff that a foreign intelligence agency would seek
to obtain.
Just looking through
the list of things the select committee he sat on saw is enough to raise a few
eyebrows let alone consider that if Yang had been under orders to influence a
certain bill or piece of legislation to favor Chinese interests.
None of this actually
means that Yang is a spy but it does dispel the image that Yang is trying to paint
with his denials that he is not a spy because he only taught people who “collect
information” because that is exactly what spies do.
So why Yang?
In short the
following facts apply to Jian Yang as has been listed in the media:
·
Was a member of the Chinese communist party
·
Attended and taught at a school for spies in
China
·
Was told not to reveal his true educational/employment background when leaving China
·
Would not say who told him not to reveal this
·
Has never been given a security vet by the NZSIS
or any other NZ agency
·
Was directly courted by National to join the
party
·
Sat on the Foreign Affairs, Defence and Trade select
committee for three years
·
Was removed from the above committee once his
background was known
Yang is probably now under severe scrutiny by the NZSIS and other members of the Five Eyes, as international media interest in this story has been high (with the Financial Times in Hong Kong work with Newsroom NZ to first break the story, which is definitely worth the read), and while both National
and Labour would probably hope this would go away its likely to not go away as
there are far too many questions in this story and Yang’s background to just
sweep it under the rug.
What questions?
In my previous work
at Immigration NZ, dealing with things high risk, the main tool when deciding
how to deal with any potential risk was to look over the individuals background
and history, check their motivations for coming to NZ (and to go back to their
home country) as well as any other clear links or issues which might arise before
making a decision.
And in Yang’s case,
doing things like failing to fully disclose his work and study history and the
nature of his background are automatic concerns right off the bat. The fact
that he appears to have knowingly withheld this information (because he was
told by unknown persons not to) makes this omission even worse and makes his
claim of being loyal to NZ a lot less credible.
It also raises the
exact type of questions that have been raised; of exactly what he did hide; why
did he hide it; who told him to hide it; how strong his links to those
organisations still are, what, if any, information did he have access to which
if passed to China would be of concern (possibly most if not all) and how much National knew when seeking him out to join the party.
Did anyone check
Yang’s background prior to joining the National Party?
Both Immigration NZ
and Citizenship would have checked Yang when he applied for a visa and to be a
NZ citizen but unless there is something obvious (like a warning from a third
party about the candidate) both agencies rely on the applicant to be honest in
the information they provide and for that information to be in full and with sufficient
detail to do the basic checks needed to process these types of applications.
So when Yang failed to declare his full background there was a big hole in his history and while it
would be nice to imagine that an eagle eyed person working on those files might
have noticed that and bothered to follow it up, it’s clear that they did not*4
and accepted Yang at his word.
Then there is the
issue of the statement made by National Party President Peter Goodfellow (an
incredibly rich man with a background worth Googling) that while Yang has not
had a security vet he was vetted by the NZ political lobbying firm Saunders Unsworth.
Who is Saunders
Unsworth?
On first hearing this,
my ears pricked up as the idea of a bunch of lobbyists doing a security vet
seemed stupid at best and majorly concerning at worst.
And upon checking
out their website stupid went out the window and in waltzed concerning with a
big grin on its face.
Seems that Saunders
Unsworth, apart from shilling for a lot of large NZ business and overseas multinationals
(because that’s what a lobbyist is), has a very obvious connections to China as
a link (in Chinese on its main page) leads to a page which contains the following information in Mandarin:
The Company may arrange to
introduce you to key decision makers within the Government of New Zealand and
to assist you in obtaining regulatory approvals. It is also possible to provide
your organization with advice on New Zealand government or public relations
decision making.
Leaders
of our Chinese team are trade experts Charles Finny. Charles has served as a
deputy director of the New Zealand Embassy in Beijing for four years,
proficient in Mandarin, and has served as director of the New Zealand Business Office
for three and a half years in Taipei. Before taking over the post of Chief
Executive Officer of the Wellington Regional Chamber of Commerce, Charles has
been the chief executive officer of the New Zealand Foreign Affairs Trade
Department during the signing of the China and New Zealand Free Trade
Agreements.
Apart from the fact
that the company seems to be actively courting business in China and China only
(as there were no other foreign language links on the site), its staffed and
run by Ex national Party members or those favorable to the party as this rather bitchy little snippet from their profile of Steven Joyce shows:
His
involvement with the Exclusive Brethren led to him being named as one of the
‘Hollow Men’ in Nicky Hager’s pathetic beat-up
publication.
So a National party
aligned bunch of lobbyists with clear links to China did the security vet on
Jian Yang and declared him safe to bring into the National party and
subsequently get access to all sorts of classified information and documents as
a MP sitting on a select committee, it’s the kind of suggestion that ranks up
there with vampires would be ok to run blood banks.
So is this more a
problem with National?
Yes it is, yes
indeed as National has been so far in bed with China and Chinese influences
that it’s no surprise that someone like Yang has ended up where he is as why
not, it’s business as usual for National.
So far the response of Bill English has been to do what he always does and simply say nothing of substance (truly he learnt well from John Key) and stall, delay and obfuscate as much as possible.
His comments directly pertaining to Yang simply sound like Sargent Shultz shouting "I know nothing!" but whats new in Toy Town?
So what next?
With National out
of government and Yang off the select committee for the moment we could all
just pretend that the problem is dealt with but as a MP Yang still has
potential to get access to documents and information and until properly vetted
he remains a risk and as Nippert notes:
The New Zealand SIS are said to be
"extraordinarily rigid" in its approach to foreign citizenship, to
the extent that marrying a foreign national - or even being born in a friendly
country such as Australia - raises significant hurdles for anyone attempting to
secure clearance.
I can attest to
that “rigidity” as I had to fight tooth and nail to get my clearance when I
worked at Immigration simply due to having lived outside of a Five Eyes
country for 10 years and that the NZSIS has no direct links to verify any
information or documents I provided*5.
And this is not a
racial or a “Chinese” thing. While not always happy with some of the behaviours
of NZSIS or the GCSB (I remain a believer in intelligence reform) I don’t balk
at the idea of national security or the need to ensure the security of New
Zealand by doing checks on people in certain places and positions.
So that leaves me
in the same position as the Daily Blog where I would not be surprised
if Yang was found to be a severe risk or even if he stood up and announced he
was passing information back to China as there is far more information to
indicate that he is a risk than any possible bona fides he might
have.
The problem, as Martyn
Bradbury notes, is that National is so infested with this issue that Yang is
really just the most obvious indication of how beholden National is to China
(Judith Collins and Orivida or Maurice Williamson and Donghua Liu are the next the
most obvious examples but as we know the rabbit hole goes a long way down for National and China) and in fact it would not even surprise me at this point
that National was fully aware that Yang had intelligence links back to China
and deliberately got him into the party and onto that select committee as part
of a deal rather than any “accident” or “oversight”.
At a minimum Yang needs to be fully vetted by the SIS and NOT Saunders Unsworth.
At a minimum Yang needs to be fully vetted by the SIS and NOT Saunders Unsworth.
What about Labour?
The incoming Labour
government gets to make hay of any bad news that Yang generates for National but in the long
run they too are keen to play with China but there just might be more
scruples in Labour than National, as well as less links to China and Chinese
businesses, to be able to moderate those influences down to things that are not
outright espionage, spying or criminal behavior.
Perhaps not relying
on Suanders Unsworth to do their security vetting is probably a good start.
Is this really that
much of a risk?
China might be a major trading partner but they are not a democracy or a place which holds any political ideals to which Kiwis might aspire (unless you are a member of National then "all aboard!") and its human rights record and history make it a risk no matter how much milk product we sell there.
Also when you consider the Chinese use of cyber weapons and cyber warfare (defined as Advanced Persistent Threats or APTs) and things like the recent hack of Australian Defence secrets (not proven to be Chinese but it nicely illustrates the risk of how close to home these things can be) and the extent of Chinese influence in NZ (and how frantic National is to deny it) and in the Pacific (defined as soft power) Yang is just one person, but one person in a key position, with the perfect training and background to hoover up information or have a detrimental (or China flavored) effect on NZ laws and legislation, and in an environment of rising Chinese influence then the answer is YES!
And if there is a risk and it cant be mitigated then the natural response of the Squirrels (and any sane person) would be to cut Yang from seeing anything which would be of issue. The only other option is to court/allow political interference which given how this is possibly a Five Eyes issue may not be possible. This is not like an electoral secretary for an MP calling up to argue for a visa for the MP's "cousin" this is something which if allowed is a full blown risk with little to mitigate it.
Also when you consider the Chinese use of cyber weapons and cyber warfare (defined as Advanced Persistent Threats or APTs) and things like the recent hack of Australian Defence secrets (not proven to be Chinese but it nicely illustrates the risk of how close to home these things can be) and the extent of Chinese influence in NZ (and how frantic National is to deny it) and in the Pacific (defined as soft power) Yang is just one person, but one person in a key position, with the perfect training and background to hoover up information or have a detrimental (or China flavored) effect on NZ laws and legislation, and in an environment of rising Chinese influence then the answer is YES!
And if there is a risk and it cant be mitigated then the natural response of the Squirrels (and any sane person) would be to cut Yang from seeing anything which would be of issue. The only other option is to court/allow political interference which given how this is possibly a Five Eyes issue may not be possible. This is not like an electoral secretary for an MP calling up to argue for a visa for the MP's "cousin" this is something which if allowed is a full blown risk with little to mitigate it.
So is Yang a spy?
We will probably
never know for sure but you don’t need 100% certainty to have concerns about an
area of risk and if the shoe fits then I reiterate my comment that if he was to
be found a risk then I would not be surprised one bit.
*-another good
example of why having the only two mainstream media outlets in NZ merge might
not be a good idea.
**-because haven’t we
all.
***-that’s a direct
quote from one I know.
*4-Having seen how overstretched
and often understaffed both INZ and DIA are in these roles I have some sympathy
for the people completing these files
*5- To their satisfaction
at least, I could prove my background but just not to their standards without
going through a lot of extra hoops before I got my clearance
Tuesday, 30 May 2017
Why NZ is still not ready to talk about immigration but lets try anyway!
So, with the
budget having dropped onto New Zealand’s collective political conscious (like a
wet sack full of moldy vegetables) I think it’s safe to talk about immigration
for a while.
Not that I want
to talk about it (because as I noted in my post last year I don’t think NZ is ready to discuss it) but because my friend Hardly (who wrote a guest post for
me on KP last year) asked (possibly dared) me to.
But I have
not only been putting off writing this post for several weeks now I have also
re-written this post several times before I just said to hell with it, made a
nice cold jellybean*, put on some Neon Indian and decided to confront the writer’s
block head on.
So, let’s
not write about immigration lets write about why I cannot write about
immigration and see if we can’t wring a few insights out of the subject in the
process.
So, to start
it’s not that this is not a topic I know nothing about, in fact it’s the opposite
because apart from five years working for Immigration New Zealand (INZ),
heading up various teams there dealing with cases deemed high risk, a decade
living and traveling across Asia as well as working in international education
(both onshore and off) I have experienced the immigration process from both
sides of the line as well across a variety of formats and can not only relate
cases, statistics and policy I can also speak from the direct experience of
someone who has processed visa applications but also from that of someone who
has had to wait in endless lines for one, never quite knowing what the outcome
will be.
But if it’s
not that then perhaps it’s the sheer complexity of the subject that is making
me balk writing about it because when people talk about “immigration” they are
usually referring to either one specific aspect of immigration (for example as
how it might relate to rising house prices in NZ) or in rather nebulous terms
(as in when people start to discuss the “immigration problem”) which lump a
rather complex subject under one heading and damn those torpedoes!
Alas it’s
not that either because as noted above previous work and life experience means
I don’t usually let myself get side-tracked by interesting but related issues
or revert back to some ginormous catchall (as the media often does).
Because
while it’s tempting to blame the housing hernia on immigration (or immigrants
or whatever related factor you want to ascribe) the reality is we have a
government which has been aware of the problem and decided to do nothing about
it rather address the fact that million dollar houses in Auckland (driven up by
a wide variety of factors to which they have decided to do nothing about) might
be the real problem.
Add to this
that the usual reversion to the ideologically tempting (but ultimately
pointless) knee-jerk arguments and positions (such as immigrants stealing jobs),
as public discourse, as well as the media, is wont to do can easily be stifled by
focusing on the actual issue at hand (again, for example, those insane house
prices in Auckland), marshaling some basic facts and seeing that while
immigration related aspects might contribute to the problem the afore mentioned knee-jerk reaction (such as saying that its all the fault of “those bloody
immigrants” or (my favorite) “I’m not racists but…”) just makes one look like
a jerk and does not help the debate one iota.
Then perhaps
it’s the binary nature of the meta-argument which sees two equally viable but
opposed arguments, those of Globalism vs Nationalism, locking up my synapses by
both having positions to which I agree with.
One which
posits the inevitable consolidation of smaller political units into larger as
the world becomes more and more interconnected against the one thing which restrains
and regulates those self-same forces from wrecking wholesale havoc by acting
without limits and at speeds too fast for people and cultures to adjust to.
Sadly,
again, it’s not too difficult to step back and see the validity of both
arguments and to place oneself on one side of the line or other in relation to
the forces at hand (for example being a globalist in regards to travel and
security issues but a nationalist when it comes to protecting the citizens of
your country first over those who would exploit your country) and work through
the process rather than just say it’s one or the other.
Finally, is
it the statistics of the matter which makes this such a difficult topic? Is it
the fact that immigration stats can and are (as any stats can be) often
twisted, taken out of context or simply not fully understood, leading to their
use as ammunition in whatever argument happens to be cooking up (for example,
say it with me this time, the housing crisis in NZ)?
Nope it’s
not the numbers because while there are all sorts of stats which can be bandied
about (the current flavour of the month is that we have 70,000 plus more arrivalsthan departures) a little further digging in the stats (and I have linked some
of the better sources to dig into for your own enlightenment/enjoyment at the
bottom) can provide some more solid statistics which, while not absolutes
(because they are only numbers after all and immigration, in the end, is a very
human topic), to break things down from some sort human tidal wave crashing
onto our shores and destroying our nation to more meaningful metrics (such as
related info about who these people are, where the come from and why they are
coming here) showing that NZ is a nation of immigrants, always has been, and
may always be so, and which like a beach, gets caressed by endless waves day
after day without eroding.
So why is it
that every time I approach a keyboard to try and write this post I end up going
off to play games, read a book, listen to music or watch a movie; anything but
write about a topic I feel I should be able to blog about?
The answer
is sadly the same one which it always is when it comes to topics such as this:
politics! Pure bloody politics.
Or more to
the point: FukYoo politics in an age when we are on the cusp of one of the most
major and dramatic shifts in human history as the politics of the national collide
head on with those of the global in a free for all, battle to the death as the
structure and organs of the nation state (atrophied and withered as they are)
are pitted against the flexing muscle mass of globe that is rapidly becoming more
unified than divided.
But if that
description was a bit too vague for you then let’s break it down to brass tacks
and say that this is the Ragnarok of things like racism, religion and class as
they enact themselves though the political vehicle of the nation state in an
argument which will see something very new come out of all the chaos and
struggle.
And this is
not the first time we have been at this point, we were here a few hundred years
ago when the industrial revolution was kicking in and nation states were
developing out of the decaying remains of feudalism, when the first global war
(the Seven Years War) was being fought and new technologies and ways of
thinking ( think steam power, the printing press and mass production) were
displacing and replacing the old (the shift from the rural to urban) and social,
economic and political change was generating such anger (the revolutions of
1848) that those days don’t seem so far removed from the mood of today with all
that simmering populist sentiment.
Yet it’s not
at these stratospheric heights that immigration in NZ as we know it exists yet
these are the very threads which bind the topic into such a congealed mess as
issues of employment, tourism, the environment, security, identity, health,
human rights and simple nationality (as well as others) are drawn together and
which lead to the sheer complexity of the topic often overwhelming people so
that they do revert to knee-jerk positions and arguments or losing sight of the forest
for the trees (as we focus too much on one tree to the detriment of the forest).
And that is
how politics would have it, that is how politicians would have us discuss it;
either as some rabid (and often racist) outburst or with an overly detailed
focus on one aspect to distract us from all the others so they can make
political capital off it.
STATISTICAL
INTERLUDE
As anyone
who has read this blog (or KP) for any period of time knows, I like stats, I
like prying the buggers apart and seeing what can be drawn from them or, failing
that, throwing them together and seeing what will stick.
But to do
this for this post, I had to go and see what actual data was out there and
removed from the kind of data I used to see when I was at INZ, this was from
the publicly available data on the internet which is not as complete or
comprehensive.
So, what
stats there are available for NZ in regards to immigration are limited to
things like Stats NZ, sites like Migrationstats.com, and whatever INZ itself has
made available (like MBIEs Tourism Data Domain Plan) as well as any articles in
NZ media which took the time to generate a bar or line graph (the best being
the NZ Heralds Insights by Lincoln Tan and Harkanwal Singh).
And while I
could do a whole post on the numbers the following stats stand out the most:
- Asian immigration makes up the bulk of people coming to NZ (both long term and short term)
- There were over 10,000 estimated** over-stayers in NZ for 2016 alone but just over 8000 people were deported, removed or voluntarily departed from NZ for the period 2006 to 2011***
- Fijians had over 120,000 visitor visas issued in the last six years yet the population of Fiji is just a shade over 900,000 people
- 81% of student visas issued are for fee paying students (45% of which are from India and China)
- The most popular occupation for employment conditions for work and residence visas is Tour Guide (at 30,380) followed by Chef (29,934), Retail manager (14,259 and up 10% from before), Café and Restaurant Manager (14,000 plus) and Dairy Farmer (11,000 plus)
- Visitor visas (tourists etc) jumped from 278,000 issued in 2010 to 631,440 issued in 2016
- 70% (34,000) of residency visas issued were under the Business/Skills category in 2016
Exiting stuff,
I know but what are we to make of these numbers?
The correct
answer is nothing, until we decide which side of the line our argument is likely
to stand on each stat (globalist or nationalist) and until we have married the
data to various issues (such as the large increase in tourism numbers with the issue
of said tourists driving on the roads in NZ) and even then it’s easy to get
lost in brainless platitudes (like our PMs amazingly stupid (and unsupported)
anecdote about all the unemployed being too drugged out to work (hence why we
need all those 11,000 plus dairy farmers).
As someone
famous once said, stats are not truth, they just provide the clubs with which
to beat one’s opponent, they are the tools to winning an argument**** and not
the argument in itself.
STATISTICAL
INTERLUDE ENDS
At this
point I don’t think I am any closer to explaining why I am unable to write
about immigration in NZ and having explored the basic themes I am still very hesitant
to rip that juicy little scab off the wound no matter how much its begging for
it (and with recent media coverage doing little more than presenting the hacks
guide to immigration in NZ rather than actually discussing it the temptation
has been down on its hands and knees pleading me).
And what
holds me, and possibly others back, is that to enter this debate is that even
just sticking one’s little toe into the waters can get one labelled a racist or
worse because while race never comes into the making of any immigration
decision made by INZ, nationality sure can due to the actions of a particular
group or nationality.
Or the
converse can apply and a single incident can get blown out of proportion and
the actions of one can tar all others of that ilk with the stain of being too
liberal, too harsh or just too ignorant and suddenly sweeping measures are
being called for.
Go back for
a moment and look at those statistics above.
What stands
out for you, what catches your eye? Is it the numbers, is it the nationalities
or is it the occupations? Or something else?
Or do those
things boil away into a steamy vapor which clouds your judgement and leave you
seeing nothing but shadowy indistinct figures because in an age where we no
longer declare war on entities like nations but on vague and unsubstantial concepts
like terror it’s easy for even recognized security experts (who should really
know better) to start making calls for things like greater scrutiny of certaingroups or people (even when that level of scrutiny already exists or would not make
any applicable difference) and for immigration issues to start becoming a
shortcut to fear of anything that is not known or comfortably able to be
assimilated.
Because in
politics rational is a word you rarely encounter and it seems that in immigration
the same can also apply.
So here we
are nearly 3000 words in and no closer to getting to the bottom of the issue or
even breaching any major layers of the debate having only just laid out some
points on which to start building a foundation.
But I will
say here that the reason why I approach the debate around this topic with
hesitancy is not due to its complexity, or fear of being labelled or for any
other of the barriers that can hold others back. No, what is holding me back is
something else: empathy.
I have been
on both sides of the line making (often difficult) decisions about people which
could have life changing consequences for them as well as sitting or standing
(sometimes in long lines while in a sweltering hot room full of nervous
expectant people), waiting on a decision that could change my life; or
experiencing situations, such as having a gun shoved in your face by overly aggressive
border guards (of a nation I won’t mention here because I am a nice guy) who
were convinced that having improper documentation meant I was “a spy” and ready
to drag my ass off to some cell for however long it took to get “the truth” out
of me until I was able to pay the US $200 as a special “processing fee”.
On the other
hand, I have waved 10 US dollars to the little men in the hats at the
immigration station and been whisked through to the “priority” queue while
locals who could not afford such a fee watched with mute resentment in a
certain country which I used to enjoy visiting for holidays*5.
And empathy
here is the key. It has never stopped me from making a hard decision but it
mean that any decision I made was made with care and consideration and with as
much information as possible and in my time at INZ I declined plenty of visas
(one of the side effects of dealing with anything that was high risk) but every
single one of those was made with thought and deliberation and with principles
like fairness and natural justice (even when I was grinding my teeth with fury
at having to do so because an immigration lawyer in NZ was making me) presiding.
And that I think
is why this is such a hard topic for me to write a post about and why in the
wake of Brexit and Trump such a subject it’s become even harder to bring this
up without ending up wrestling with some hideous political python (already
stuffed full of a chicken and a village dog*6) which does nothing but twist the
debate into knots.
Yet I do
have opinions on the immigration debate but remain loath to bring them up here;
but since the post that I agreed to write was to contain “My five policy
changes to immigration” I will have to front up and present five, in no
particular order, changes to the current system as it is in order to affect a
better outcome in NZ.
There are no
magic bullets here and I will not be providing any major explanation why, as I
leave them to the reader to judge them through their own immigration filter
until NZ is ready to have this debate for real.
But since I
take requests for posts and one of those is to discuss how Peter Thiel got a NZ
passport this debate may be starting sooner rather than later, for me at least.
So, with no
further ado here they are (in no particular order):
1.
No offshore education agents for Student Visa
applications (the only visa category in NZ where an unlicensed and offshore
party is allowed to operate)
2.
No work rights on Student visas (currently they
are allowed 20 hours a week)
3.
Doubling the number of Immigration compliance
officers in NZ (the current numbers are scandalously low and they are mostly
directed to dealing with employment cases which are time consuming and
difficult to prosecute rather than dealing with quicker and easier cases like
simple over-stayers)
4.
No million-dollar investor category for visas
(ie no getting a visa because you are rich)
5.
No dual citizenship (this last one is technically
a citizenship/DIA issue but as it’s a flow on and motivator for some of the
worst immigration abuses in NZ (some publicly known some not) so I am letting
this one slide)
And if you
are reading through those and seeing a theme you would be right, there is, and
its addressing the worst holes in the current immigration system NZ has (from a
top five perspective).
Recent government changes made a start on the matter but
it’s the execution of those policies and any special exemptions that might be wrangled
in (like how Queenstown basically gets a blanket exemption to having to prove
the validity of needing to employ a foreign worker over a kiwi in a town where
only the ultra-rich can afford to live) that worry me.
That’s right,
it’s not terrorists, or rouge drivers hogging the road (although I now drive
the Tekapo to Twizel highway with maximum alertness as tourists in white SUVs
are hogging the road and driving dangerously like its Death Race 2000); or
housing speculators of any particular nationality.
Have I
addressed all the burning “immigration issues” in NZ (like foreign workers or said
housing speculators), certainly not because as I have noted these are not
really immigration issues they are employment and housing (what do you call a
kiwi who owns more than one home?) issues respectively and not really the
concern of immigration in NZ.
If we had a
living wage and cheaper house prices we would not have those issues and no one
would be claiming “they took our jobs!” or “planning to slash immigration numbers by the tens of thousands”.
And it’s now
time to end this post as it started with us no closer to being actually able to
talk about it but at least having got this off my chest I can now start on the
other posts I have planned on topics such as the third installment of my semi-autobiographical
series exploring my political views and psyche (called Plumbing the Depths) and more coverage on what is now passing for
an election build up in this country (god help us!).
Until then I
encourage all readers to try and wrestle with the python as best one can but
take the time to consider the position they are truly coming from rather than
clamping on some ill-fitting, and pre-made immigration viewpoint which either lionizes the Globalist/Nationalist debate without any real thought or even
worse sets up voting for a party which has immigration policies which may not actually
benefit you.
So Hardly, you
have given me three weeks’ worth of writer’s block and made me drink far more Jellybeans
than I intended in the same period while writing what has possibly the hardest
post I have ever written, I hope it was worth it.
*-Ouzo and Raspberry
cola, yummy!
**-estimated
because INZ does not actually know how many people overstay but I can guarantee
that those numbers are a conservative estimate
***-the best
data I could get from stats NZ
****-I am
paraphrasing very badly here and I do not recall exactly who so no speech marks
*5-Not the
same country as the one with the armed and hyper tense border guards; I never
even considered going back there after that little incident figuring that my
next visit might be a lot like Hotel California (I could check in but would never leave)
*6-This was
how my last weekend ever in Indonesia ended except with less actual wrestling and
more of me shouting “what the f**k is that?” before bolting from my room at the
village home-stay near Bandung in Java.
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