SUGGESTED STRATEGY FOR ALIEN (BUI) REQUEST TO GNZ

C O N F I D E N T I A L WELLINGTON 000738

SIPDIS

NOFORN

STATE FOR DRL/MLA, CA, CA/VO/L/A, EAP/FO, AND EAP/ANP

E.O. 12958: DECL: 09/22/2015
TAGS: PHUM PREL PGOV NZ
SUBJECT: SUGGESTED STRATEGY FOR ALIEN (BUI) REQUEST TO GNZ

REF: SECSTATE 171981

Classified By: Charge D'Affaires David Burnett,
for reasons 1.4 (b) and (d)


1. (SBU) This message contains an action request, at
paragraph 6.


2. (C) Post believes that reftel demarche would be a very
hard sell to GNZ officials. New Zealand prides itself as a
strong player in supporting human rights. The Government has
also been strongly criticized in the recent past for "lax"
immigration standards: for example three members of Saddam's
regime were somehow able to make their way here. "Lax"
immigration was also an issue in the recent general elections
campaign, and may be responsible for a good part of the
Government's loss of support at the polls. GNZ is therefore
almost certain not, rpt not, to accept Mr. Bui if the request
is presented as it.


3. (C) However, we may have negotiating leverage with GNZ if
we are willing to help them resolve another consular matter
that has caused a bit of a strain in our bilateral relations.
The USG has declined to readmit LPR Sam Lam, who served time
in New Zealand for drug charges and has now been released.
Apparently, Mr. Lam's LPR status expired while he was in New
Zealand, and his drug charges make him inadmissible to the US
absent a waiver. GNZ has been unsuccessful in attempts to
ask Vietnam, where Lam was born, to admit him. Lam left
Vietnam as a child, and presumably the same GOV policy that
bars Mr. Bui's admission to Vietnam is at work here as well.
GNZ has raised this case with us several times, including via
an approach by Foreign Minister Goff to May Warlow, Director
of the Department of Justice's Office of International
Affairs.


4. (C) We of course cannot guarantee that GNZ would be
willing to accept Mr. Bui even if we were willing to
reconsider the Lam case. But without this offer it is almost
certain that New Zealand officials will not accept Bui,
especially given their conundrum vis a vis Lam.


5. (C) FYI: GNZ could in any case not seriously consider a
USG request on the Bui case at this time. The results of the
September 17 election were so close that the final outcome
will only be announced on October 1, after a recount. Until
that time, the former Government remains in place under
caretaker status, and by convention will not take
policy-making decisions except in an emergency.


6. (C) Post requests Washington guidance whether we should
present reftel demarche as written after October 1, or rather
suggest to GNZ they discuss both the Lam and Bui cases with
USG officials after that time.
Burnett