Overstayers in New Zealand face deportation, bans on returning and legal struggles to fight deportation orders.
But one European country has
introduced new laws on illegal migrants that could prove a model for New
Zealand.
This would be good news for Tongans,
who have traditionally made up the largest group of overstayers.
Laws recently introduced in Portugal
are designed to regularise the status of illegal migrants more sympathetically.
Under new rules recently introduced
in Portugal, illegal immigrants who have worked in the country for more than a
year and paid taxes for the past 12 months may obtain a residence permit for
humanitarian reasons.
The new residency permit will be for
two years and will help applicants to apply for legal residence in Portugal and
act will help the country having more documented immigrants instead of illegal.
The Portuguese programme has been
described as a more human approach to regulating immigration and helping the
employment market.
The New Zealand government describes
overstayers as people whose visas have expired, who have not taken up
citizenship, have no other visa, and have exhausted basic rights for a visa
extension or different visa.
The latest statistics on overstayers
in New Zealand showed 2498 Tongan overstayers.
Unless there are special
circumstances that justify issuing a visa, they are expected to leave New
Zealand, or face deportation. If a person is deported they face a ban of up to
five years from applying to come to New Zealand again.
Immigration New Zealand said
overstayers could end up being exploited by unscrupulous employers and create
significant financial stress for families attempting to house and support them.
Many of these people had little or no
access to social welfare, justice or medical care. Simply going to a public hospital could mean a risk
of being deported, as could applying for a driver’s licence, or going to court.
In the 1960s and early 1970s some
Fijians, Tongans and Western Samoans arrived under a quota system, but many had
only temporary visas and simply stayed on. This was ignored by the New Zealand
government when the demand for labour was high.
When this diminished, overstayers
were tracked down and detained, often during the controversial dawn raids, and
deported.
The
main points
Overstayers in New Zealand
face deportation, bans on returning and legal struggles to fight deportation
orders.
But one European country
has introduced new laws on illegal migrants that could prove a model for New
Zealand.
Tonga’s police have arrested 81 people for breaching the nationwide curfew which started on March 28 as part of government measures to restrict Covid-19.
The arrests and charges were made following obstruction of police officers, public drunkenness and housebreaking, Deputy Acting Police Commissioner ‘Atunaisa Taumoepeau said.
Last night Police arrested a 30-year-old man from Longolongo for breaching of curfew and and an active warrant for his arrest.
Police also seized 15 cartons of mutton from the suspect’s car and are making inquiries into the owner of the goods that are believed to be stolen.
The accused is remanded in police custody while investigation continues.
“We urged people to
respect the law, respect our officers as they go about their duty. This is a
difficult time but we need the public to follow instructions and comply with
the directions of the National Lockdown,” said A/Deputy Commissioner Taumoepeau.
“We are here to save lives and to keep everyone safe. People
need to stay home especially during the curfew hours.”
Police are working together with His Majesty‟s Armed Forces
to enforce the National Lockdown Order. “We will not hesitate to take
enforcement action on those who continue to ignore the restrictions.”
You can contact the Police Operation Centre on
opcc.covid19@police.gov.to or call 23713 to report anyone who is breaching the
Lockdown instructions or their responsibilities.
Ko e ‘otiō ‘o hono fuofua fakahā fakapule’anga ‘e he ‘Eiki Palēmia ‘o Tonga’ ‘a e fuofua keisi mahalo’i ‘a Tonga he vailasi kolona’
This is a translation of an audio recording provided by the office of Prime Minister Pōhiva Tu’i’onetoa. It is provided as a statement of record of Hon. Tu’i’onetoa’s public statements.
Sponsored:
When the Prime Minister went on air to announce the result of a test of the first suspected case in the kingdom earlier this month, he said: “I am happy to announce to all Tongans the latest news of a result of a test of a sample taken from the first person in Tonga to be suspected of showing symptoms of COVID-19 or coronavirus on March 4.”
On March 8 the
Ministry of Health received a report of the results from the Victorian
Infectious Diseases Reference Laboratory in Australia, which showed the tests were
negative or non-reactive.
“It shows the
woman did not contract the COVID-19 disease,” Prime Minister Pōhiva Tu’i’onetoa
said.
The WHO had
advised that two tests must be conducted on any case tested for coronavirus, he
said.
“As such, we
have sent another sample to New Zealand for reaffirmation tests.”
“We hope the
results will arrive on March 9 and that’s when we can conclude whether she was really
infected or not.”
Apart from this
good news the woman was still being treated and taken care of while she was recovering,
he said.
“It was
pleasing to hear that her conditions were improved.”
“I warn the
nation that there was still a great opportunity for the coronavirus to affect
Tonga.
The advice
from the WHO was that people should wash their hands after they were in contact
with somebody else.
Keep at distances
of two or more metres apart with somebody else.
Hold your nose
and mouth if you are coughing with tissues.
Anybody who
was sick or coughing or had flu should stay home and contact their doctor.
If you have
family or friends overseas, contact and tell them not to come home until they
had been isolated for 14 days.
WHO has
provided Tonga with 30 Infrared Thermomat devices for the airport and Hospital.
This would make it easier to screen people to see if they were sick easier, Hon
Tu’i’onetoa said.
He said the
government had imported Personal Protective Equipment which they expected to
start arriving on March 9
The Taliai
camp had been set up as a quarantine camp, he said.
The test for
the disease could not be done in Tonga because they needed to be done in a
levels two or three laboratory, he said. Local facilities were at level one.
The Prime
Minister thanked WHO for their assistance to make the people were safe and
sound.
He thanked the
CEO of Ministry of Health, doctors, and staff at the frontlines who undertook
to look after people because of the COVID-19 disease.
The helps you
have for our workers would be a great effort in supporting what they did.
Hon
Tu’i’onetoa also thanked Japan for its help at this time of difficulties.
The safety and
protection of Tonga from COVID-19 would depend on working together and obeying
the rule and laws announced by the Ministry of Health, the Prime Minister said.
The Court of Appeal has denied an appeal by the ‘Atenisi Institute for a declaration that it does not have to comply with the Tonga National Qualifications and Accreditation Act.
It also sought a declaration that certain compliance notices issued by the Board established under that Act were invalid.
Lord Chief Justice Whitten had already dismissed the private educational institute’s claims, including one for damages, last October.
However, he declared that the compliance notices issued by the Board in February 2018 and February 2019 were unlawful, invalid and of no effect, declared them to be so and set them aside.
‘Atenisi sought to bring a limited appeal which did not challenge the refusal of the declarations relating to compliance with the Act.
‘Atenisi’s right to call itself a university was questioned in 2009 and
the following year the Board refused ‘Atenisi’s application to register under
the Act. ‘Atenisi began proceedings which were settled on the basis that it
would be registered as a tertiary institute. It was registered as such in 2011 as a provider under the Act for
12-month period.
Registration was renewed on several occasions, the latest expiring in
August 2017. That renewal was on condition that ‘Atenisi should submit its
programme of study for accreditation within six months. ‘Atenisi had previously
been advised by the New Zealand High Commission that it could not be included
in an aid programme sponsored by New Zealand without accreditation under the
Act.
In February 2017, ‘Atenisi submitted its application for accreditation
of its B.A. programme. There followed a lengthy exchange of correspondence and
meetings between representatives of the parties. The Board insisted ‘Atenisi complete certain documentation, but
the institute argued it was more suitable to a technical or vocational school
rather than a university.
‘Atenisi sought exemptions from the Board, but it would not back down
and insisted the forms be fully
completed.
In December 2017 the Board, wrote to ‘Atenisi advising that the Minister
of Education had decided that ‘Atenisi had to comply with the Act. This meant
‘Atenisi had to work to meet accreditation criteria like all other providers.
In January 2018 the Board resolved that ‘Atenisi was required to refrain
from delivering specified programmes and was not to enrol any students in 2018
until those programmes were approved and accredited. It issued the first of a
number of compliance notices.
In April 2018 ‘Atenisi delivered to the Board updated hard copies of its
application documents including certain appendices.
In May 2018 ‘Atenisi began judicial review proceedings. Lord Chief
Justice Paulsen granted leave for them to be brought, expressly limited to the
issues of non-compliance with the Act and whether ‘Atenisi was a provider
subject to the requirement of registration.
By its Third Amended Statement of
Claim ‘Atenisi sought a declaration that it was not subject to the Act and
therefore to the jurisdiction of the Board and that, in effect, the Act does
not provide for any sanctions or penalties against it as a provider. ‘Atenisi
also made a claim of breach of an implied contract alleged to exist between the
Board and its “constituency” including ‘Atenisi and sought damages
for breach of that contract in respect of the loss to it because it had been
unable to receive in-country tuition support via NZ Aid for the preceding
years, Tonga Vocational Educational Training Funding in 2017/2018 and Cyclone
Repair Funding from the Ministry of Education in 2018, such damages to be
quantified at trial.
‘Atenisi and the Board agreed to split the trial such that if ‘Atenisi
was successful in establishing breach of an implied contract there would be a
separate trial on issues of “legal entitlement, causation or
quantum.”
The Lord Chief Justice found that ‘Atenisi was not exempt from the Act,
but found that its challenge to the compliance notices succeeded.
Judges Hansard and Blanchard said they agreed with the Lord Chief
Justice’s ruling that, the implied contract claim was misconceived. No other
damages claim was pleaded.
“We note that in a ruling on 21 October 2019 the Lord Chief Justice said
that, without expressing a view, it might be open to ‘Atenisi to consider
issuing fresh proceedings for any damages it says have been caused by reason of
the unlawful notices.” they said.
The appeal was dismissed with costs against ‘Atenisi in favour of the
Board.
This story is republished with permission under Kaniva Tonga’s partnerships with Radio New Zealand.
There have been 76 new cases of Covid-19 confirmed in New Zealand, with 12 people now in hospital. Watch the latest live update here.
Director-General of Health Dr Ashley Bloomfield said the total number of cases in the country now stands at 589, and there have been no additional deaths.
Twelve people are currently in hospitals around the country – two are in ICU.
Dr Bloomfield said flu vaccinations are being reserved for high priority groups – over 70 and those with likely health complications.
He said those not in the group should not expect to be vaccinated before mid-April.
Dr Bloomfield has asked New Zealanders to register with Flu-tracker for surveillance of Covid-19.
Police Commissioner Mike Bush said two police staff had tested positive for Covid-19. They are at home and not been hospitalised.
The Coronavirus pandemic has the potential to have a major affect on the regional seasonal workers’ programme which allows Pacific Islanders to work in New Zealand and Australia.
Tonga
is one of the three major suppliers of
labour to the programme.
But
restrictions on travel to New Zealand and Australia and the ban on
international flights in a number of Pacific nations, including Tonga, could mean
that thousands of workers may be unable to take up positions this year.
Equally
large numbers could be trapped as their work visas come to an end.
Australia’s
seasonal work programme grew by 44% in 2018-19, or by some 3000 workers, after
a cap on workers numbers was removed.
New
Zealand increased its cap on seasonal numbers to 12,850 workers in November
2018, a 16% increase on the previous year.
In
2018-19 Tonga supplied about 30% of the Pacific seasonal workers, second only
to Vanuatu which supplied more than 40%.
Dr
Victoria Stead from the Alfred Deakin Institute in Melbourne, said that in
Australia the horticultural industry was in the middle of the harvest season
and the demand for labour was at its highest.
“Temporary
migrant and local seasonal workers are picking fruit, harvesting vegetables,
and sorting and packing crops in packing sheds across the country,” she wrote
in the Guardian.
“Thousands
of these workers are Pacific Islanders, working under the Seasonal Worker
Programme which provides strictly curtailed visas intended to fill demands for,
particularly, seasonal horticultural labour. “
Many
groups of workers were due to return home, but were unable to do so.
Other
groups of workers, due to arrive in Australia, were unable to leave their homes
as Pacific nations closed their borders.
While visas might be extended, Dr Stead asked what would happen if they did not want to keep working beyond their contract period.
“For
those who do continue working, what are the health implications and risks of
doing so?” she wrote.
“Workers
in packing sheds work in close proximity for long hours, and pickers often live
in crowded, shared accommodation.
“If
sheds, orchards and other food production sites shut down amid health concerns,
what will be the financial impacts?
“If
and when workers do return home, how will we ensure that we are not sending
potentially infected people back to countries and communities across the region
whose health systems are ill-equipped to manage the crises that widespread
Covid-19 infection would produce?”
In
New Zealand, Kiwifruit growers say that more than 1300 seasonal workers due to
arrive in the country in the next two months cannot make the journey.
New Zealand Kiwifruit Growers chief executive Nicky Johnson said the horticultural sector was highly reliant on seasonal workers from the Pacific Islands to harvest crops and do winter pruning.
According
to a report in Stuff, the kiwifruit harvest, which runs until the end of June
is ready to be picked and shipped, but growers do not have enough workers to
get the fruit off the vines.
Growers
report instances of Island workers whose contracts are coming to an end, but
can’t leave New Zealand. If they do not get their visas extended, they will not
be able to work and have already sent all their money home.
The main points
The Coronavirus pandemic has the potential to have a major
affect on the regional seasonal workers’ programme which allows Pacific
Islanders to work in New Zealand and Australia.
Restrictions on travel to New Zealand and Australia and the
ban on international flights in a number of Pacific nations, including Tonga,
could mean that potentially thousands of workers will be unable to take up
positions this year.
UPDATED: As Tonga prepares to go into lockdown, all suspected coronavirus cases in Tonga have tested negative.
However, the Director General of the World Health Organisation has warned that lockdowns will not be enough to stop the coronavirus pandemic on their own.
There have been eight suspected infections so
far.
Ministry of Health CEO Dr Siale Akau’ola told Kaniva news that a suspected case in Ha’apai turned out to be a light illness, but the person had been isolated from six earlier suspects as a precaution.
An eighth case was identified yesterday.
He confirmed today March 2 that all test results had been received today and all had been cleared.
“That’s good news,” he said.
Dr Akau’ola said more aircraft would be flying
into Tonga during the lockdown.
He confirmed that an aircraft which landed
earlier this week was picking up foreign nationals.
He said aircraft carrying essential cargo were
expected to arrive.
Lockdown
not enough on its own
Asking people to stay at home and shutting
down population movement would buy time and reduce the pressure on health
systems, but would not extinguish the epidemic, the Director General of the
World Health Organisation said this week.
The point of these actions is to enable the
more precise and targeted measures that are needed to stop transmission and
save lives,” Dr Tedros Adhanom Ghebreyesus said.
“We call on all countries who have introduced so-called
“lockdown” measures to use this time to attack the virus.
“You have created a second window of
opportunity. The question is, how will you use it?”
Dr Ghebreyesus said the WHO recommended six key actions. He said governments should:
Expand, train and deploy their health care and
public health workforce;
Implement a system to find every suspected
case at community level;
Ramp up the production, capacity and
availability of testing;
Identify, adapt and equip facilities that will
be used to treat and isolate patients;
Develop a clear plan and process to quarantine
contacts;
Refocus the whole of government on suppressing
and controlling COVID-19.
“These measures are the best way to suppress
and stop transmission, so that when restrictions are lifted, the virus doesn’t
resurge,” the Director General said.
“The last thing any country needs is to open
schools and businesses, only to be forced to close them again because of a
resurgence.
“Aggressive measures to find, isolate, test,
treat and trace are not only the best and fastest way out of extreme social and
economic restrictions – they’re also the best way to prevent them.”
The main points
As Tonga prepares to go into lockdown, all suspected coronavirus
cases in Tonga have tested negative.
However, the Director General of the World health Organisation has
warned that lockdowns will not be enough to stop the coronavirus epidemic on
their own.
Kiliki ‘i he ‘ōtiō ‘i ‘olunga’ ke ke fanongo ki he fakataha ‘a e ‘Eiki Palēmia’ mo e kāinga Tongatapu 7. Audios of the Prime Minister’s meeting in Tongatapu 7 were provided by the Prime Minister’s office and transcribed and translated into English by Kaniva News. This English version of the audio had been abridged.
Sponsored:
The government has assured Tongatapu 7 constituents their immediate needs raised during their meeting with the Prime Minister must be addressed.
Those who spoke during the meeting and requested urgent
assistance were told to either send lists of what they needed to Chief
Secretary, talk to the Prime Minister or contact the Ministries concerned.
Prime Miniser Pohiva Tu’i’onetoa said he was happy to
meet the constituents and talk about what had happened after tropical cyclones Tino
and Gita.
He praised the constituency for electing MP Sione Vuna
Fa’otusia to represent them in Parliament.
He said MP Fa’otusia, who is also the Deputy Prime
Minister and Minister of Justice was his classmate at Tupou College. He said
before the meeting, Hon. Fa’otusia apologised for being unable to attend the
meeting because of illness.
The Prime Minister said it was Hon. Fa’otusia who
nominated him to become the Prime Minister.
People’s Party
He said Hon. Fa’otusia has supported him in his roles
in government and in the People’s Party.
He said this was a party that aimed at uniting as many people as it could to work together outside government to speed up works needed to address people’s urgent needs.
The Prime Minister said the government could not do this
on its own.
He said the People’s Party helped Parliament and
Cabinet a great deal.
He reminded the meeting about six stakeholders who had been working together
including the government, People’s Party, town and district officers , church
leaders, private road constructors and Tongans overseas.
He said they had to value the efforts and fundings
from these bodies as government and Cabinet could not work alone. He said it
has been proved the past governments could not do it.
Hon. Tu’i’onetoa said the works they did for the
people must be sped up and they had to listen closely to what people needed.
Many things had been delayed while people were waiting,
he said.
“I have promised my top priority is roading,” the
Prime Minister said.
“I will not change what I have promised. I will fill
and seal all roads in Tonga,” he said.
“There will be no return and there will be no reverse.”
The Prime Minister tallked about how the ‘unga (a type of crab) crawls to emphasise his promise. He said the ‘unga could only move forward and it could not reverse. It could crawl through rivers, fire and up the mountain and no matter how slowly it crawled it was moving forward.
The roads in Tonga must be constructed and filled in
the next two years., he said.
Urgent needs / Ground Level View
He said Tongatapu 7’s urgent needs were to fill the
roads, obtain a good water supply and help growers.
“We have different views of what we can do for the
nation, but I appeal to you, let’s unite to build our country and support me as
a way to facilitate addressing Tongatapu 7’s urgent needs,” he said.
The Chief Secretary told the meeting they visited around
the consituency before coming to the meeting.
Tofoa resident Filini Sikuea spoke during the meeting
and said he was happy to see the Prime Minister and his team had driven in his
area to witness what he has described as the worst road in Tonga.
He said when it rained it was muddy everywhere.
Sikuea told the Prime Minister it was important for
him to see that a person had reached a high-status position and still remember
those at the grassroot level, refering to Hon. Tu’i’onetoa’s willingess to
leave his office to come and meet the constituents to hear their urgent needs.
Federated society
Sikuea said he talked with Hon. Fa’otusia about establishing
a federated society retail store for their community.
He said the community had more than TP$160,000.
Sikuea said after a couple of talks with the Minister
he was concerned after it appeared there was need for the town and district
officers to understand what they should have done for the project.
He asked the Prime Minister to help on this.
He also told the Prime Minister he had been campaiging
to include formal logic in the Mnistry of Education’s syllabus.
He said he heard
the Minister of Education pushing teaching of children at kindergardens
to make them think. He said logic was a subject which would help this.
The Chief Secretary told Sikuea he would contact the
Ministry of Trade and Economy as well as the Ministry of Education about his
concerns.
Queen’s led village and town inpections
The Prime Minister
was praised for his meeting with the people as the first government leader to
do it.
The Pea town officer asked him to repair the roads in
the area because Her Majesty Queen Nanasipau’u
Tuku’aho wanted to inspect the town and Ha’ateiho as well as Tokomololo.
It is understood the inspection examined homes and
properties to keep them clean and beautiful.
Acting Minister of Infrasturcture Lord Nuku told the meeting
the road would be repaired.
Tofoa needs
Lisiate Teulilo of Tofoa wanted to install speed bumps
to slow down vehicles on Vaha’akolo road where the Tofoa government primary
school was situated.
He said people had been trying in vain for more than 20
years to upgrade the toilets and some of the classrooms.
The Chief Secretary told Lisiate to write to his
Office so they could work to provide what he was asking for.
Building Materials Duty Free
The Prime Minister also responded to request to delay removing
CT and duty free offer the government announced on building materials from
overseas. Hon Tu’i’onetoa said once their building materials arrived they could
contact him and the Minister of Finance.
There was concern about fireworks, with one
constituent saying they were too loud and some blew up in the air before their ashes
fell on house roofs which dirtied their water supplies.
The Minister of Police said there was no law to stop fireworks.
However, the noble said there was a proposal to ban letting off fireworks at
homes.
Other requests
Government Ministers who attended the meeting told those
who had asked for help that their requests had been accepted and advising them
about what to do next.
These requests included building weaving houses, repairing
and upgrading water supplies, cleaning areas after heavy rain to get rid off
flies and mosquitoes and repairing roads.
The King said there has to be a way to make sure the students’ studies continue as that was what the constitution stipulated.
All schools in Tonga will close on Friday, March 27 for two weeks amid coronavirus threats.
King Tupou VI also warned that Tonga must follow guidelines from World Health Organisation to prevent the spread of coronavirus.
He was addressing the nation in a speech to close down the Legislative Assembly this morning.
He said coronavirus was a great challenge as it has now become a pandemic.
He said it was
important to follow preventive steps and measures.
The king said living
healthy must become a permanent theme for Tonga in the future.
His Majesty King Tupou VI said government, churches, and the people of the country must stand together to build the economy.
As Kaniva News reported earlier this morning, no guests were invited including most media for this morning’s soft closing ceremony due to the coronavirus pandemic fears.
The closure was broadcast live on Radio AM station and other commercial FM stations, the Parliament said.
A live stream feed on YouTube was
also expected to be provided, it said.
The Parliament was not closed last year and it was rescheduled to sit in February this year. However, it has been adjourned until May after a request from Prime Minister Pohiva Tu’i’onetoa, was approved by the Speaker Lord Fakafanua.
The prime minister said his
government needed time to complete unfinished business and new initiatives,
including the preparation of the 2020/2021 Budget and a number of new Bills.
Tonga’s Legislative Assembly is expected to close this morning.
Due to the coronavirus pandemic and for
precautionary measures, no guests are invited including most media, a
statement said.
The soft closing will be broadcast live on Radio
AM station and other commercial FM stations, it said.
A live stream feed on YouTube will be
provided. Press Release will be circulated and video footage will be made
available upon request.
The Parliament was scheduled to sit in February but it has been adjourned until May after a request from Prime Minister Pohiva Tu’i’onetoa, was approved by the Speaker Lord Fakafanua.
The prime minister said his
government needed time to complete unfinished business and new initiatives,
including the preparation of the 2020/2021 Budget and a number of new Bills.
For this morning’s ceremony, the Legislative Assembly Office said it “wishes to apologise for any inconvenience caused.”
