A Waikato woman who admitted 284 immigration fraud charges has avoided jailed.
Loraine Anne Jayme, also known as Condor, appeared in the Hamilton District Court today after earlier admitting the charges, which relate to her creating fake jobs and fake companies so 17 Filipinos could get work on farms in New Zealand. Judge Kim Saunders today sentenced Jayme to 11 months and two weeks' home detention. The judge took into account emails given to the court this morning showing evidence of Jayme instructing applicants how to deceive Immigration NZ. "You have been involved in the A to Z in committing fraud to ensure that the temporary work visas were issued to 17 migrant workers from New Zealand," Saunders said. Jayme was supported in court by a number of people, including her husband, Vincent, and other members of the Filipino community. Counsel Roger Laybourn said Jayme was a well respected member of the Filipino community, who describe her as "kind and charitable". "If you look at the facts it makes it almost incomprehensible that Mrs Jayme has somehow found herself in an extensive and complicated fraud case." Laybourn said his client got caught up in the fraud for "altruistic reasons" - she wanted to help people. He disputed Immigration's submission that it was for commercial gain. It was initially to help family and close friends into the country, however, as news of her success in such endeavours spread, many others contacted her asking for assistance. The market rate for such services from immigration consultants was roughly around $15,000 per person, and Jayme was offering a much cheaper fee. While she was not financially motivated, she had benefited to the tune of $38,250. Her original sentencing date in October had to be adjourned because she was pregnant and had been experiencing health difficulties. Her baby, now four months old, was born two months early. Speaking after the sentencing, INZ assistant general manager Peter Devoy said the prosecution was the result of "painstaking work". "The officers involved did a fantastic job in gathering evidence which led to the prosecution. Jayme systematically ripped off vulnerable migrant workers." About 1700 Filipinos are working on dairy farms in New Zealand. He said the offending began when there was a significant downturn in farming conditions with the dairy payout, with job offers "evaporating" or being withdrawn, yet a steady number of Filipino applicants still expected to come to New Zealand. Laybourn said as a result of Jayme's fraud, the migrants have ended up with a better life in New Zealand. Laybourn said it was a case of "incredible complexity", and it took him two months to get his head around the 284 charges. Jayme was also genuinely remorseful and had a positive pre-sentence report. He urged Judge Saunders to hand down a sentence of home detention because of the medical difficulties Jayme and her baby suffered. Jayme's fraud had to be elaborate to convince Immigration officials that the jobs couldn't be filled by Kiwis. The lawyer acting for the Ministry of Business and Employment, Catherine Milnes, said it was not simply about the $38,000 the scheme earned Jayme. Jayme charged 17 Filipinos $2250 - equivalent to 76,000 Filipino pesos - for work visas. The average monthly wage in the Philippines is 9508 pesos. "So the 76,000 pesos was the equivalent of eight months' wages and [some] had to be borrowed at a very high lending rate. This was a fact known by Jayme." She created three fake companies, AJM Farming, Kinvarra Farms and Mathan Farms and then set about creating the fake documentation to go with them, eventually pulling the wool over the eyes of Work and Income and Inland Revenue Department. However, her fraud began to unfold in 2014 when farmers started telling her that the employees weren't as skilled as their CVs purported. She was eventually arrested in October 2015. Sometime after that, Jayme became pregnant. She was due to be sentenced in October 2016, but it was adjourned. Jayme's baby was born two months early in December and spent her first two months in Waikato Hospital's Newborn Intensive Care Unit. Jayme told the Herald she believed Immigration NZ would think the baby was planned. However, it was not in her religion to use contraception. "We were not really planning to have any more kids. But I got pregnant. We're not doing any pregnancy prevention, we [Filipinos] don't do that." Outside court, husband, Vincent told the Herald he was relieved his wife avoided prison. "We are definitely happy." He said their primary concern was for their baby, Karys. "That's the main thing. It's all about the kids, it's not about us, it's not about Loraine. It's always about Karys." Laybourn told awaiting media that his client was "portrayed as a predator with a financial motive". "So I think the satisfying thing is the court did accept that it wasn't primarily commercially motivated. She never disputed the extent of her fraud but she got caught up in a situation where she had huge demand from Filipinos and halfway through the process it got out of control." He believed the sentence was fair. "Because the judge was trying to send a message that this is serious, and it is serious, and I'm really pleased the court sees that home detention is not a soft option. It actually is 24-7, it's a signficiant sentence and she has to contribute to the community with community work." Immigration New Zealand assistant general manager Peter Devoy said today marked the end of an investigation into a complex and serious fraud. "The situation from our point of view is that the victim here is very much the New Zealand citizen. It's the systems that immigration have in place to protect New Zealand, to protect the border, which have been the subject of the offending more so than the 17 victims named in the case." Asked whether the sentence sent a deterrent message, Devoy said it did. "I think it does. The circumstances of the offender need to be taken into account and that's precisely what the judge did. "However the message that was given is that this is severe offending and severe offending that won't be tolerated."
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Expression of Interest – Selection criteria
The first major change is about the selection criteria for Expression of Interests. At the moment an Expression of Interest (EOI) is automatically selected from the pool if the applicant claims 140 points or more. In addition, EOI’s with more than 100 but less than 140 points but with a job offer also get selected. As from 12 October 2016, EOI’s with 160 points or more will be selected automatically. The majority of people will need a skilled job offer from a New Zealand employer to reach 160 points. English language requirements From November last year, you are required to provide an IELTS test result or PET, TOEFL, and Cambridge to prove your English Proficiency. Working in New Zealand for a minimum of 1 year is NO LONGER accepted as proof of English language ability. Citizen of certain English-speaking countries (US, UK, Australia, Canada, Republic of Ireland) can claim an exemption when they have completed at least 5 years of work or study in that country (or in New Zealand). If you completed a recognised qualification comparable to a level 7 Bachelor Degree in one of the countries listed above (or New Zealand) where they studied at least 2 years in that country or a level 8 or higher degree with at least 1 year of study, you would be exempted from this. All other applicants (including secondary applicants) must take an IELTS test (or other approved test) and get the required overall band score. What is the Investor Programme and how does it work?The Migrant Investor programme is a residence policy for people who wish to live permanently in New Zealand. It comprises of Investor 1 (those who have a minimum of NZ$10million to invest) and Investor 2 (those who have a minimum of NZ$1.5 million to invest).
A person who wishes to apply for residence under the investor 2 Category must first submit an Expression of Interest (EOI) to Immigration New Zealand, claiming points for factors such as business experience, age and English language competency. Immigration New Zealand does a fortnightly draw selecting EOIs based on the points claimed, then invites people with sufficient points to apply. What are the changes to the Investor 1 category?The minimum investment will remain unchanged at $10m. However, an Investment of 25% in growth-oriented investments (equity, commercial property, new residential builds, managed funds) will mean Investor 1 migrants can spend their required time in NZ more flexibly. Specifically, 88 days over three years. Additionally, Investor 1 applicants will be able to invest up to 15% of their nominated investment funds in acceptable philanthropic investments. What are the changes to the Investor 2 category?Policy changes to the Investor 2 category include:
What are growth investments?Growth investments are all ‘acceptable investments’ as defined in immigration instructions except for:
What are acceptable philanthropic investments?Philanthropic investments can now make up 15% of acceptable investments. Investors are able to donate in any area. The policy will recognise donations to the following types of organisations:
What if I’ve already applied under the Investor 2 category at the time the new policy comes in?When the policy changes, Investor 2 applicants will have the option to withdraw and relodge their application under the new policy. Those who take up the offer will have the fee waived on their subsequent application and will retain the same place in the processing queue. Each applicant will need to carefully consider whether the new or the old policy is best for them. I put in an expression of interest in which I claimed enough points to be selected under the old threshold, but from 1 May I won’t meet the selection criteria. What can I do?If your EOI has not been selected and remains in the pool at implementation of the new policy, you have the option to submit an expression of interest under the new policy. If you chose to do so, the EOI fee will be waived. If you choose not to, your old EOI will remain in the pool until it expires 6 months from the date your original EOI was lodged, but will not be able to be selected. Can I still submit an Expression of Interest?All Expressions of Interest received up until the last draw held on the day before implementation of the new policy will be assessed under the current instructions. From May 2017 all new EOIs must be on the new form. When will the detail of the new policy be available?The detail of the policy (the immigration instructions) is being worked on currently. It is likely to be approved by the Minister of Immigration by the end of March 2017. A selection of Expressions of Interest (EOI) under the Migrant Investment Category, Investor (Investor 2 category), took place on Thursday, 2 March 2017. 23 EOIs were selected from the EOI pool which claimed between 70 and 91 points. The following table provides an indication of remaining EOIs in the pool after the draw has taken place. Total number of EOIs remaining in the pool: 15
The next draw will be on 16 March 2017. Note: EOIs accepted in August 2016 are now being withdrawn from the EOI Pool as they have failed to be selected from the EOI Pool after 6 months (as per Immigration Instructions). A Fijian national who failed to obtain a visa to come to New Zealand on multiple occasions has been sentenced after fraudulently obtaining a passport using a false identity and entering New Zealand under the false identity.
Kamla Wati, who is 59, was sentenced in the Hamilton District Court today to a total of 19 months’ imprisonment having pleaded guilty to three charges of providing false or misleading information to an immigration officer in respect of visa applications and one charge of producing a fraudulently obtained passport. The court heard that Wati visited New Zealand from Fiji on three occasions between September 2009 and March 2012. She subsequently unsuccessfully applied for residency and numerous visitor visa applications were declined on character grounds. Wati’s return to New Zealand in 2015 was initially undetected by authorities because she had entered New Zealand under the fraudulently obtained passport under the alias, “Rukhmanny”. Immigration New Zealand Assistant General Manager Peter Devoy says the dual identities came to light when Wati was asked to provide her original passport as part of the verification process for a partnership-based temporary visa application she made. “A facial comparison between photographs of Wati and Rukhmanny indicated they were the one and same person,” Mr Devoy says. “A subsequent fingerprint analysis corroborated the facial recognition evidence. “The integrity of the immigration system is paramount and this type of fraud will not be tolerated. Today’s sentence is a strong deterrent.” A Deportation Order has been served on Wati. Pearson Test of English Academic (PTE Academic), a leading online language proficiency test, will be an approved proof of English language proficiency for all visa categories with an English language requirement from Monday 21 November this year, Immigration New Zealand (INZ) announced today. This means for the first time all visa applicants to New Zealand will have a choice of Government-approved English language testing options. PTE Academic is already accepted by 100 per cent of New Zealand universities and widely used by student visa applicants. Vinne Schifferstein, Director Language Testing for Pearson, said: “Pearson is proud to achieve INZ recognition. “PTE Academic is a secure English language test that enables test-takers to access their scores quickly. “We are also approved by the Australian Department of Immigration and Border Protection for all visa tiers, so the New Zealand Government’s approval further consolidates PTE Academic as the fast growing secure test for visa applications.” David Barnett, Managing Director of Pearson Australia and New Zealand said: “For many years applicants from non-English speaking countries, such as India, China, the Philippines, Malaysia and Singapore were limited in their choice of tests to prove their English language proficiency. “While our test is academically challenging it is based on the real life English migrants need. The test provides a seamless user experience, from booking, testing, through to receiving results making the process less stressful for applicants and organisations processing a test taker’s application. “Pearson looks forward to assisting the New Zealand government with recruiting skilled migrants to their workforce. “The computer-based test uses cutting edge technology to ensure score reliability, and integrity of the testing process. It also offers the fastest score reporting in the market, with test takers receiving their results typically within five business days.” For more information, visit www.pearsonpte.com or https://www.immigration.govt.nz/about-us/media-centre/news-notifications/new-zealand-residence-programme-changes To read the actual article, click here. The students face deportation after it was found they obtained fraudulent visas from education agents in India.
A Ministry of Business, Innovation and Employment spokesperson told 1 NEWS a confidential meeting took place between an MBIE representative and Alistair McClymont, who is representing the group. The MBIE spokesperson said of the nine student who made appeals for ministerial intervention in their case - which was refused on February 1 - two have already left New Zealand. Six of the seven remaining students have also completed the qualification course they came to New Zealand to study. Mr McClymont yesterday said his clients are hopeful something good would come from the meeting, and that their "future's gone if they get on a plane". Immigration New Zealand has said it is standing by its deportation orders. To read the actual article, click here. The changes include:
-changing the planning range for residence approvals for the next two years to 85,000 – 95,000 (reduced by 5000 per year) -raising the number of points required for residence from 140 to 160 points under the Skilled Migrant Category (SMC) -reducing the number of places for the capped family categories to 2,000 per year (down from 5,500) -Temporarily closing the Parent Category to new applications Changes to the migrant investor policy will come into effect in May 2017.
The changes include: -Doubling the funds Investor 2 migrants must invest to $3 million -Removing the need for Investor 2 migrants to hold $1 million in settlement funds -Recognising higher levels of business experience and English language skills through changes in the points system -Increasing the annual cap of approved Investor 2 migrants from 300 to 400. -Rewarding investment in growth -oriented investment with incentives such as bonus points, priority processing, and a financial discount. Immigration Minister Michael Woodhouse says Indian students facing deportation are not victims and need to leave New Zealand.
Nine Indian students plan to seek sanctuary at an Auckland church, defying their orders to leave the country after their appeal to the Minister of Immigration was turned down. The students insist they cannot be held responsible for the fraudulent documents that got them into the country in the first place. They said they had no idea what their Indian education agents were up to. Being deported would ruin their lives, they said. Minister Michael Woodhouse was unsympathetic. The students had committed immigration fraud, he said. He said anyone who submitted a visa application was ultimately responsible for ensuring the information on it was correct - no matter who filled it out. Mr Woodhouse said other students who were caught up in the same investigation left voluntarily. Those who did not could be forcibly removed, but he would not speculate what might happen if they sought sanctuary. The students said they would hold sanctuary at the church until Mr Woodhouse intervened and cancelled their deportation notices, or they were forced to the airport. The Unite Union has organised a Waitangi Day event at an inner-city Auckland church, where the students will resurface. Sanctuary does not hold any legal status in New Zealand. Asha Rani, Hargeet Singh, Hussain Syed, Manoj Narra, Shahad DM, Mohammed Mohammed and Pradeep Reddy were at Unite Union's office last night. They said they had no option but to fight the orders, and Immigration New Zealand was playing with their lives. Ms Rani's husband, Vikram Salaria, was in tears. While he was a student with a current visa, he said he would have to return to India with his wife and their 2-year-old daughter if they were forced to leave. He said the students had paid a "really big price". Most of the students have told their parents their student visas have been pending. "We can't apply for another country and to society I will be a fool; in front of my parents we wasted our parents' money; in our lifetime and our future we can't go anywhere. It's a dead end for us," one student said. One student said he did not tell his father, because he was not educated and would not understand. Mr Shahad said his mother was in hospital for a heart condition and he worried what would happen if he told her. How can they blame us? The students said they were an easy target and the New Zealand government should take responsibility for the poor systems that allowed the fraud in the first place. "So how can they blame us - only us? Not the agents, not the department, not the officers?" Mr Mohammed said. Mr Narra said in India there were streets full of immigration agents. He could not understand how he was supposed to know which agent was good and which was bad, he said. Immigration New Zealand should have a list of trusted agents on its website, so students in the future would not face the same situation, he said. Five of the students, who are represented by immigration lawyer Alastair McClymont, received their deportation letters yesterday. The letters said the student was liable for deportation and may be deported at the discretion of Immigration New Zealand. The letters encouraged the students to make their own arrangements to leave. Mr Clymont said once the students were served, they could be deported at any time. "Some cases, we find they will react within a day and you'll find immigration officers and police at someone's door. Other times you find that they never do anything, and it really seems to be a matter of how easy it is for them to actually arrest and deport somebody." To read the actual article, click here. |