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Statement from the Minister of Internal Affairs

Sunday 19 October 2008, 12:41AM

By New Zealand Government 2005-2008

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In response to questions from media around the circumstances in which Mr Yang Liu was granted residency and citizenship, the Minister of Internal Affairs, Hon Rick Barker, has issued the following statement.

"For obvious reasons, Ministers and officials do not make public comments about the circumstances or substance of any individual's application for residency or citizenship."

"There is an ongoing investigation into the possibility of immigration fraud in this case. That may result in a prosecution and/or a revocation of residency status. Where a case for revocation is established, this may provide a basis to deprive a person of their citizenship."

"In order to not jeopardise this ongoing process, there will be no further comment from Ministers.

In relation to Mr Liu, I am advised the process was as follows:

1. Mr Liu applied for permanent residency in January 2002.
2. Mr Liu was granted permanent residency in June 2002. As is usual in relation to residency applications, the decision to grant residency was made by an Immigration Officer.
3. Mr Liu applied in May 2005 for New Zealand citizenship.
4. On 14 July 2008, Minister Jones, as the delegated Minister, received a submission from Department of Internal Affairs officials concerning Mr Liu's application for the grant of citizenship.
5. On 6 August 2008 Minister Jones approved the grant of citizenship to Mr Liu.
6. On 11 August, Mr Liu swore the oath of allegiance to New Zealand and was issued a Certificate of Citizenship."
The privilege of permanent residency is granted under the Immigration Act 1987. The privilege of citizenship is granted under the Citizenship Act 1977. In relation to processes under both Acts, the decision maker must assess the available information, and weigh the reliability of the information. Where there is disputed information (a not uncommon situation), the decision maker must still form a view about the credibility of the information and make a decision.

If subsequently there is fresh information that suggests residency or citizenship decisions should be revisited, both Acts provide processes under which that can occur.

All citizenship decisions are made by the Minister of Internal Affairs, except where there may be an actual or perceived conflict of interest. In that circumstance, a decision on a citizenship application is made by another Minister acting under delegated authority. A general delegation to the Hon Shane Jones was in place.