30 August 2023
Shaun Brown
[FYI request #23203 email]
Ref: DOIA 2223-2978
Tēnā koe Shaun,
Thank you for your email of 20 June 2023 to the Ministry of Business, Innovation and Employment (MBIE)
requesting, under the Official Information Act 1982 (the Act), the following:
I understand that for some bizarre reason, MBIE allowed a 'Colin David Rath', who had already
made himself notorious in his home warren of New York by making a spurious challenge to the
evidence brought by one of the many banks chasing him for unpaid money in the 'Nat'l City
Bank v. Rath' case, to not only receive an 'Entrepreneur Resident Visa' but actually to become a
paper citizen of New Zealand. More recently, he has been caught engaging in further American
practices and given a prison sentence of more than three years in duration.
1) Please provide all records held by MBIE in regards the admission of Colin David Rath to this
nation and the granting of visas, residency, and citizenship status to him.
2) Given that Rath has engaged in American-style crimes in this country and been convicted for
them, what steps are MBIE taking to strip him and his spawn of any right to remain in New
Zealand and deport him?
As the information to which Mr Rath’s citizenship matter relates is believed to be more closely aligned
with the Department of Internal Affairs (DIA) functions, on 26 June 2023, we transferred this part of the
request to DIA under section 14 of the Act.
On 3 July 2023, we advised that your request may be refused under section 9(2)(a) of the Act to protect
the privacy of a natural person and asked if there were any public interest considerations to take into
account when making a decision on this request. On 5 July 2023, you responded, noting that:
The role of MBIE in bringing in foreign criminals makes this highly relevant to the public interest
Our Response
Question 1
Please refer to the attached Appendix for the information in scope of your request.
We interpret Question 1 as a request for “Immigration New Zealand (INZ) records demonstrating the
basis on which Mr Rath was granted visas to be in New Zealand”.
When deciding whether to release information related to the grounds on which Mr Rath was granted
visas, we balanced the public interest in disclosing information against the need to withhold it and have
considered a number of factors, including the fol owing:
- procedural fairness for granting visas to Mr Rath
- INZ’s accountability and transparency
- the extent of information in the public domain
- the need to provide the ‘ful picture’ or to correct inaccurate, incomplete or misleading
information
- your comments
- Mr Rath’s comments
The attached Appendix is a reduced version of the records held by Immigration New Zealand (INZ). In
particular, we have identified 26 files consisting of 2,436 pages. Out of these, we have enclosed 19 files
or 628 pages. To reduce the size of the attached document, we have removed ful y redacted pages
marked as being out of scope or withheld under sections 9(2)(a) or 6(c) of the Act.
To protect the privacy of natural persons, the fol owing information has been withheld under section
9(2)(a) of the Act:
- Personal identity information
- Health records
- Character records
- Detailed evidence of the business proposal, investment funds, maintenance and settlement
funds, business experience and bank statements and other financial information
- Third parties’ information and documentation.
We have considered whether withholding that information is outweighed by other considerations which
render it desirable, in the public interest, to make that information available, in accordance with section
9(1) of the Act, however, it is our opinion that such grounds do not exist.
The information concerning compliance and verification activities has been withheld under section 6(c)
of the Act as making the information available would likely prejudice the maintenance of the law,
including the prevention, investigation, and detection of offences and the right to a fair trial.
Please refer to the cover page of the Appendix for a more detailed overview of the withholding grounds
for each file and use bookmarks for navigating the document.
Please note that all applications are assessed under relevant immigration instructions, including
character (A5
- https://www.immigration.govt.nz/opsmanual/#35052.htm).
Based on INZ records, Mr Rath held temporary class visas from November 2016 to 7 July 2023, and there
have been no character records or declarations that would fal under the character immigration
instructions, preventing INZ from granting these visas to Mr Rath. Mr Rath applied for residence on
15 January 2021, but withdrew his application on 8 December 2021. At present, Mr Rath does not hold
a valid visa.
Question 2
In relation to your question about what steps MBIE is taking to deport Mr Rath and his family, this
personal information is being withheld under section 9(2)(a) of the Act.
The Immigration Act 2009 outlines when people may become liable for deportation, the meaning and
consequences of liability, any rights of appeal against deportation and how deportation wil be executed.
This is also mirrored in immigration instructions. These processes maintain the integrity of
New Zealand’s immigration laws and ensure that breaches are detected and dealt with appropriately.
Although each case is considered on its own merits, it is usual practice for INZ to take steps to deport a
foreign national when they are nearing the completion of any prison sentence, provided they meet one
of the grounds for deportation found within part 6 of the Immigration Act 2009. Those engaged in
criminality are the highest priority for deportation and those who are unlawful y in New Zealand are
liable for deportation under section 154 of the Immigration Act 2009.
In general, a person who is liable for deportation may appeal against deportation on humanitarian
grounds to the independent Immigration and Protection Tribunal within 28 or 42 days (as the case may
be) against liability for deportation arising.
Please refer to INZ’s website for more information:
https://www.immigration.govt.nz/new-zealand-visas/already-have-a-visa/managing-your-visa-and-
passport/deportation-liability
You have the right to seek an investigation and review by the Ombudsman of the Ministry’s response to
your request, in accordance with section 28(3) of the Act. Information about how to make a complaint
is available
at www.ombudsman.parliament.nz or freephone 0800 802 602.
If you wish to discuss any aspect of your request or this response, please contact
[email address].
Nāku noa, nā
Jock Gilray
Director Visa
Deputy Chief Operating Officer
Immigration New Zealand
