The immigration process is sometimes a box-ticking exercise and ruthless.
Given such a stance, we forget that there are higher stacks at play and that other factors come under consideration.
When immigration is humanised, many possibilities would arise despite all odds.
Ultimately, it is a conversation about human beings and not a mere process and procedure. It is real. The future of people is dictated by the decision-making process, not only where they live but also how their life eventually pans out for them.
The following scenarios present such possibilities.
Heartrending case
Anna (not her real name) is a Pacific Islander. She was married with seven children, one of who has New Zealand citizenship. She arrived here in 2002 and was later joined by her husband and children.
Anna had a heart condition and surgery was needed for her survival. She and her family were fighting an immigration battle to not only stay in New Zealand but also to get permanent residence so that she could access the public health system.
Deportation orders had been issued against the family and compliance officials wanted them to leave immediately.
You can imagine the joy and relief with which they learnt at our office last week that we had managed to regularise their stay and a letter confirming their permanent residence status was on its way. The family was overwhelmed with joy, noting that after all they too had a bright future and that Anna had a chance to live.
Another battle
Ronda and her son arrived in New Zealand to see her sister on a visitor’s visa. Her husband works in Dubai and she found a compliance-related position in the financial industry and applied for a work visa. She was told that it would be a simple form-filling exercise but when Immigration New Zealand (INZ) officials asked her questions, she failed to grasp their relevance and hence her application was declined.
After a year-long battle, she has acquired legal status and is considering applying for permanent residence. This family will become skilled migrants and I am confident that they will be an asset to New Zealand.
Worker becomes overstayer
Abay arrived in New Zealand as an international student, completed his education, obtained a job-search visa (one year), secured a job offer followed by two-year work visa but his residence application was declined.
At the end of two years, he was obliged to apply for a new work visa and since his grace period was up for category of work he had done earlier (at a Petrol Station), he had to undergo a labour market test as a part of ‘Essential Skills Work Visa.’
Abay’s employer was obliged to prove that there were no New Zealanders available to undertake this role. Since this was an unfamiliar route, the requirements were neither appreciated nor met and hence the visa application failed.
Abay became an illegal stayer but was advised to file an appeal on humanitarian grounds to the Immigration Protection Tribunal.
For this appeal to be successful, exceptional circumstances to a standard accepted by the tribunal is required. In such cases, it is difficult to show exceptional circumstances and hence not likely to succeed, especially in the wake of a large number of applications submitted to the Tribunal.
I caution those taking this route to be sure of their case before pursuing it.
We withdrew Abay’s appeal since we were able to legalise his stay through another route.
If the appeal had gone ahead, it would have failed and Abay would have been subject to deportation with a five year ban of re-entry.
Immigration is about humanity; it is about humanising the process, conveying emotions, seeking survival and giving one a chance!
After all, fate rolls the dice, who knows what and who is next!
Kamil Lakshman is a Lawyer & Principal of Wellington based law firm Idesi Legal Limited. She can be contacted on (04) 4616018 or 021-1598803. Email: kamil.lakshman@idesilegal.co.nz; The opinions expressed in her article above are her own and not that of Idesi Legal Limited or the New Zealand Law Society, or its Wellington Branch, or its affiliated bodies and committees or Indian Newslink. Readers can send their comments (names can be withheld from publication on request) also to editor@indiannewslink.co.nz
