The Mainland spouses, who are married to the people of the Taiwan Area and the nationals of designated countries, who are married to the ROC citizens apply for family reunion shall be interviewed. The purpose of the procedure regarding interview with non-native spouses for entry permits is to maintain border security, and prevent the Mainland spouses and the foreign spouses from using spousal status to enter Taiwan under false pretenses to engage in activities that are inconsistent with the purpose of their entry permit applications. The procedure regarding interview with non-native spouses for entry permits assists the agencies in discovering the truth. It depends on the correct facts to make correct decisions for the administrative agencies.
In fact, the procedures regarding interview with non-native spouses for entry permits could potentially damage an individual constitutional right. The due process of law regarding interview with non-native spouses for entry permits should be completed. This paper summarizes the current situations of the procedure regarding interview with the Mainland spouses for entry permits, and the procedure regarding interview with the foreign spouses for entry permits. This study discusses the application of administrative investigation of the procedures regarding interview with non-native spouses for entry permits. This study also explores the remedies of the administrative investigation acts of the process regarding interview with non-native spouses for entry permits.
In order to find out the due process of law regarding interview with non-native spouses for entry permits, this study compares the procedure regarding interview with the Mainland spouses for entry permits with the procedure regarding interview with the foreign spouses for entry permits, explores their advantages, and analyses the relevant Interpretations of the Judicial Yuan and the judgments of the Constitutional Court from the perspectives of human rights practice and protection. It is suggested in this article that the government could have used these messages as references for the improvements of the procedures regarding interview with non-native spouses for entry permits in order to achieve the administrative purpose and safeguard the rights of marriages and families of the people at the same time.
