In the recent case of Shi v. Chief Executive, Ministry of Business, Innovation and Employment (2014), the High Court affirmed Immigration New Zealand’s position regarding China’s one child policy with respect to the granting of a New Zealand visa.
In this case, Shi overstayed after her husband’s long term business visa application was refused. Shi had subsequently applied for a long term business visa so that she could work on a new property development business, however this application was also refused. On appeal, Shi raised a common humanitarian argument regarding the potential abuse of her second son in the event that the family was to return to China because of the country’s one child policy.
The High Court stated that there was sufficient evidence that their hometown, within the rural areas of Fujian province, did not rigidly enforce the one child policy and at most Shi and her husband would be required to pay an administrative fine only.
A stronger emphasis was placed on persecution associated with China’s one child policy in the past. However this case illustrates the impact of the diminishing enforcement of China’s one child policy has (especially with respect to rural China) on the application of New Zealand immigration policy.
If you require any advice or further information on the matters dealt with in this publication please contact the lawyer at Farry and Co. who normally advises you, or alternatively contact:
Steven Lee
slee@farry.co.nz
09 379 0055 or 03 477 8870
The information contained in this publication is intended as a guide only. It does not constitute legal advice and should not be relied upon as such. Professional advice should be sought before applying any of the information to particular circumstances. While every reasonable care has been taken in the preparation of this publication, Farry and Co. does not accept liability for any errors it may contain.