11 December 2024
Sam Malik
[FYI request #29079 email]
DOIA-REQ-0006069
Tēnā koe Sam
Thank you for your email of 6 November 2024 to the Ministry of Business, Innovation and Employment
(MBIE) requesting, under the Official Information Act 1982 (the Act), the following:
Can you please advise if the US citizen who’s organised Pro-Khalistani rallies in Auckland and
Wel ington was checked for his history of spreading hate speech and violence. If not then why
not?
Why didn’t Immigration took enough measures against this person when he disrupted traffic in
major cities and used slogans against other communities.
Please provide the evidence, if any, if the Ministry was satisfied by this person of a peaceful
“visit”?
On Wednesday 20 November 2024, we requested clarification of the name of the individual in question.
On the same date, you clarified the name of the individual as Mr A V Pannun.
On 4 December 2024, we had advised you that MBIE had decided to extend the period of time available
to make a decision on your request under section 15A(1)(b) of the Act, as consultations necessary to
make a decision on your request were such that a proper response to the request could not reasonably
be made within the original time limit. MBIE would notify you of a decision on your request no later than
11 December 2024.
Our Response
Your request has been refused in reliance of section 9(2)(a) of the OIA, to protect the privacy of natural
persons, including that of deceased natural persons.
In respect of the information being refused under section 9 of the OIA, I do not consider that there are
any overriding public interest reasons that support the release of that information.
In respect of the information being refused under section 9(2)(a) of the OIA, I have taken into account
s9(1) of the OIA, and I do not consider that there are any overriding public interest reasons that
support the release of that information.
Individuals entering New Zealand must be either travelling from a visa waiver country and hold a valid
Electronic Travel Authority (NZeTA) or hold an appropriate valid visa. People attempting to enter New
Zealand without proper authorisation may be refused entry upon arrival.
Individuals applying to enter New Zealand and who are not travelling from a visa waiver country must
meet the requirements of the specific visa category they are applying under, in accordance with
Immigration New Zealand’s (INZ’s) rules, regulations, and policies.
Sections 15 and 16 are the relevant sections of the Immigration Act 2009 which detail that certain
individuals who have been convicted of a crime, or deported, or who are considered to pose a risk or
threat to New Zealand will not be eligible for a visa or entry permission into New Zealand unless by
special direction.
All visa applicants must meet specific requirements, including a good character assessment that
considers factors such as criminal convictions, deportation history, and potential risks to New Zealand's
security, public order, or public interest.
There is currently no provision in the Immigration Act to prevent a person travelling to New Zealand
based solely on their previous expression of opinion and ideas.
All applications assigned to an immigration officer are assessed on a case-by-case basis on their own
merits, and all relevant evidence and information provided with the application is taken into
consideration before a decision is reached. Immigration decision-makers have to weigh up all the factors
and assess whether an individual presents a threat or risk to security, public order or the public interest
and can be deemed an excluded person.
The immigration instructions concerning how a visa application is decided are publicly available in the
INZ Operational Manual here:
https://www.immigration.govt.nz/opsmanual/#35439.htm.
You have the right to seek an investigation and review by the Ombudsman of this decision. 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 contac
t [email address].
Nāku noa, nā
Jeannie Melville
Deputy Chief Operating Officer
Immigration New Zealand
Ministry of Business, Innovation & Employment