New tribunal "check on executive power’

Press, 22 January 1979, Page 7

New tribunal "check on executive power’

PA Wellington The newly established Deportation Review Tribunal could be seen as acting as a check on executive power, its Wellington member, Mr John Fouhy says. Mr Fouhy is part of the three-man tribunal which was established under the 1978 Amendment to the Immigration Act, which also provided that the Minister of Immigration (Mr Bolger) might order any person who is not a Mew Zealand citizen to leave the country under certain circumstances.

The tribunal will review such decisions by the Minister on an appeal by the person to be deported. There are several grounds on which the tribunal can quash a deportation order, and it must have regard to age, length of residence in New Zealand, personal and domestic circumstances, employ-

ment record, the nature of the offence committed, and the interests of any family concerned. Mr Rouhy said that because the tribunal has not yet met — members were appointed last December by the then Minister of Justice (Mr Thomson) — it was too soon to speculate on how it might work.

However, under the act the Minister of Immigration may order a person to be deported for certain reasons, including a recommendation from the courts, or if the person was convicted of crimes committed before he had been in New Zealand at least two years, if the offence carried a term of imprisonment. It is in these cases that the deportee may appeal to the review tribunal against the Minister’s finding, and the hearing will be open to the public. Mr Fouhy said he did

not foresee any embarrassment to the Minister if the tribunal overturned a decision.

“If the appellant is able to present information to the tribunal which in its opinion means it is right and proper to allow him to stay, the act says we can quash the deportation order.”

He rejected any suggestion that setting up the tribunal was simply a public relations move.

“The Minister has very wide powers under the Immigration Act and it introduces what can be seen as a very necessary check on the exercise of those powers by the Minister to see they are not used in an arbitrary manner, regardless of the circumstances of the individual or other humanitarian factors.” In a wider sense it could be seen as a valuable check or curb on executive power.