Legislators and government officials yesterday locked horns over whether Immigration Law (入出國及移民法) amendments should require officials to provide a document listing reasons before a foreigner is deported or refused residence.
The Home and Nations Committee yesterday began reviewing amendments to the Immigration Law, but were divided over several articles, prompting the meeting to be cut short and postponed until further negotiations can be held between officials and legislators.
Democratic Progressive Party (DPP) Legislator Hsiao Bi-khim (蕭美琴) said current regulations do not require officials to provide reasons for deporting foreigners and overseas Taiwanese.
Although overseas Taiwanese have Republic of China passports, they do not have a household registration; therefore many of their rights are not protected, Hsiao said.
No chance to appeal
In addition, many foreigners have complained of being refused resident status or of being deported without being given a reason or a chance to appeal, she added.
Chen Yuan-ying (陳媛英), a counselor at the Ministry of Justice, said that according to the Administrative Procedure Law (行政程序法), the requirement already existed and there was no need to add it to the Immigration Law.
Too complicated
It would cause complications if every single law with an approval or refusal had to be amended to include the regulation, Chen said.
Chen said the Administrative Procedure Law requires that a person being deported or refused resident status be given a document stating the reasons.
Hsiao asked the Ministry of Interior to provide records to prove that the Administrative Procedure Law had been effectively carried out before deciding whether to add the amendment or not.
She added that many foreigners would not have enough time to read or even know about the procedure law, and would therefore not know their rights.
Taiwan Solidarity Union Legislator Kuo Lin-Yung (郭林勇) supported Hsiao's proposal, saying that the rights of foreigners should be protected and that they deserved to know the reasons for being deported or refused residence.
Deputy Interior Minister Chien Tai-lang (
Hsiao also proposed that there should be methods of appeal for overseas Taiwanese if they are refused residence, as well as temporary or long-term stays.
The committee has to review more than 80 articles in the Immigration Law.
The date of the next review session is unknown.
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