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This story was originally published in RNZ.co.nz and republished with permission.
The National Party is asking the government to be more direct about what is happening to Behrouz Boochani, a Kurdish refugee and author who arrived here last November and may now be seeking asylum.
Boochani came to Christchurch after obtaining a visitor visa to attend a literary festival; it is understood that it is still in New Zealand.
He had spent more than six years in an Australian detention center on Manus Island; there he wrote his book There is no friend but the mountains on his phone, he won two major literary awards in Australia.
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Boochani had indicated that he would consider applying for asylum here, but according to New Zealand ministers and law enforcement officials they cannot discuss any details of the individual claims, or even confirm whether an application has been filed.
Under immigration law, someone applying for asylum can be granted a temporary visa so they can live and work in New Zealand while their application is being considered, a process that can take several months.
National immigration spokesman Stuart Smith said National is questioning whether Boochani really intended to leave New Zealand after a month, as he would have been required to testify on his visitor visa application.
By applying for a visa, people had to prove that they were a “genuine tourist or visitor,” Smith said, and stated their intention to leave.
In an interview with ABC before arriving here, Smith said Boochani indicated that he “had no intention of leaving New Zealand” once his visitor’s visa expired.
Smith did not say there was no justification for using a visitor’s visa to get to New Zealand and then seek asylum.
Meg De Ronde / Not-For-Syndication
Behrouz Boochani arrived in New Zealand last November and it is understood that he is still here.
“He had been accepted for asylum in the US, so it’s not like a normal case of someone applying for asylum when they arrive in the country that has nowhere else to go, clearly they did.”
There was a “bad smell” throughout the application process, Smith said, “but what happened since we don’t know, and possibly won’t know at all.”
“His legal status once he is here is very well defined and that can be a difficult situation, but this man entered New Zealand when he clearly stated that he was considering not leaving the country … the wrong way to complete his visa form. “
Prime Minister Jacinda Ardern said Morning report today that by law was unable to comment on the legal status or requests of an individual.
“In general, of course, we have the expectation that people, when they are in New Zealand, are here legally and immigration takes action if they are not.”
In November, Ardern said he would have preferred that Immigration Minister Iain Lees-Galloway had given him “notice” of Boochani’s arrival, adding that “it is still an issue that ultimately would not have changed as result of my knowing. “
“However, it was an operational decision, made by Immigration New Zealand, as expected for a visa decision.”
When asked about the statements Boochani had made about perhaps keeping his visa, Ardern said at the time that he was “totally hypothetical.”
“You have the legal capacity to be here for a month. I think it shows that the system in which he has already been identified as a refugee has travel documents and has had the ability to apply and be legally here in New Zealand in order to speak at a conference, “Ardern told reporters. .
“Also, of course, he is in the process of obtaining approval to reside in the United States. Anything beyond that is, you know, speculative.
Asylum claims in New Zealand were processed “completely independently of politicians,” he said.
In a statement, Lees-Galloway said he could “neither confirm nor deny whether New Zealand Immigration has received any asylum claims” under the section of the Immigration Act that “requires us to keep all refugee and protection claims confidential.”
“Asylum claims are very sensitive in nature and are often made because the individual is afraid of being persecuted in his country or is otherwise afraid of returning there.
“As such, it is important that the existence of any claim be kept confidential to protect the individual while their claim is being evaluated.”
Boochani did not respond to a request for comment from RNZ.
This story was originally published in RNZ.co.nz and republished with permission.
