correspondence and related laws and regulations. As a result, it is difficult for
migrant workers to work together to strive for equal rights for themselves in
an environment in which they are already socially disadvantaged. The
Ministry of Labor and Yilan County Government should recognize that
migrant workers constitute an indispensible part of society in Taiwan. The
related laws and regulations and counseling on interests and rights should take
the migrant worker group’s needs into account, in order to disseminate
information equally and protect migrant workers’ interests and rights.
Article 23 Marriage and Protection of Family
Family
132. The marriage immigrant interview system refers to a homeland security
management policy established to verify the authenticity of marriage and
prevent human trafficking and stop foreign nationals from engaging in illegal
(wrongful) activities or jobs which might cause harm to social and national
security. However, according to the existing laws and in practical judgment,
whether or not a true marriage is determined by the reality of the couples’ cohabitation is a question that is not the same as the “reality” of the regulations.
There seems to be no inherent, justified and reasonable connection with the
“authenticity” requirements regulated by the law. Therefore, it is against the
principle of prohibition of coupling (Kopplungsverbot), an administrative
principle concerning conflating different functions. The interview system is
also suspected of infringing on the Taiwanese national’s right to family
reunion with the partner he/she has married. It is advisable to review whether
there is a violation of the protection of equality under Article 7 of the
Constitution.
133. Under implementation of the “Regulations Governing Inspection Visits and
Information Registration of Alien Residence or Permanent Residence,” many
Mainland Chinese spouses or foreign spouses who had already passed their
marriage immigrant interviews have had their residence approvals revoked
after surprise visits and inquiries into the authenticity of their marriages,
during investigations conducted by the National Immigration Agency,
Ministry of the Interior. The Ministry failed to distinguish the difference in the
intents of Article 70 and Article 71 of the Immigration Act, and conducted
investigations with unscheduled visits from time to time pursuant to Article 71
of the Act and Article 3 of said Regulations. As a result, these spouses are put
in uncertainty about their cohabitation and life together in the territory of
Taiwan. This differs from the system and framework regulated by the parent
act, namely, Article 70 and Article 71 of the Immigration Act. It is against the
due process of law, affects the protection of the rights to family reunion, and
deviates from the equality applicable to other domestic families.
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