Refugee finding wrong, says Mr Malcolm

Press, 5 December 1985, Page 52

Refugee finding wrong, says Mr Malcolm

PA Auckland The former Minister of Immigration, Mr Aussie Malcolm, has criticised a High Court judge’s decision that “kicks senior officials in the teeth.” “To the extent the decision comments on matters I was directly involved in and had first-hand knowledge of, I know the Judge’s finding is quite wrong,” Mr Malcolm said. Mr Justice Chilwell has ruled that Jagpal Singh Benipal, a Sikh who spent four months in a New Zealand jail without trial, must have his plea for refugee status, reconsidered.

He said that Mr Benipal’s application was not properly dealt with by Mr Malcolm and the former Minister of Foreign Affairs, Mr Warren Cooper. The Ministers failed to exercise their discretion properly, and their decision to reject refugee status was unreasonable. Mr Malcolm said that Mr Justice Chilwell also gave his opinion on the integrity of Government officials with whom Mr Malcolm worked on refugee applications.

“I uphold their integrity,” Mr Malcolm said. Mr Justice Chilwell’s decision had accused him of “a little bit of prejudice, and stupidity to take the advice of officials.” But of some officials, the Judge had implied malicious actions.

“They can’t defend themselves,” Mr Malcolm said. The decision was “a kick in the teeth” for officials who spent their time doing their best for refugees. Mr Malcolm said that he personally was "not at all upset” by the Judge’s decision and the “difference between us is basically an intellectual difference.” “I was never a rubber stamp,” Mr Malcolm said. Refugee decisions were given very careful consideration. Mr Justice Chilwell has directed the Minister of Foreign Affairs, Mr Lange, and the Minister of Immigration, Mr Burke, to reconsider the application “in a manner not inconsistent”

with the reasons for his judgment. He recommended that if an interdepartmental committee were consulted, it should have different members from the one that previously considered the case. Mr Benipal arrived in New Zealand in May, 1983, using a Dutch passport. He sought refugee status, saying that he feared persecution on political and religious grounds in India. Mr Justice Chilwell — who had already found that Mr Benipal was wrongly held in jail here — said “certain members of the interdepartmental committee on refugees” set out to damage Mr Benipal’s credibility.