How to get your case against INZ heard.
Don’t bother going through all the rigmarole of an official complaint the way we did. You will get treated like crap and ignored anyway. Instead – try what Rhonda Aylward did, and confront the Prime Minister at the Waitangi Day celebrations with your ex-immigration-minister -“Licenced Advisor” who somehow managed to get a license despite running a scam of his own in the past involving $1,000,000,000, a Chinese “business partner” and 10 investor residency applications using the same $1,000,000,000.
Hmmmm.
So – the details we do know about what is going on (sourced from various newspaper articles, videos and a forum post on MovetoNZ by Rhonda herself. Unfortunately, the early newspaper articles are no longer available online):
§ 11.9.07 Press Release from the National Party
o Immigration spokesman Lockwood Smith says the system should show more common sense.
o Points out that Rhonda had a skilled job and was contributing
o Points out that the aged care sector was crying out for caregivers while government took the job off the skilled list.
o The Daily news had publicized Rhonda’s case when her job as a rest home caregiver was no longer accepted as suitable for PR
o Her File ended up with the then Immigration Minister Clayton Cosgrove
o He overturned a decision by NZIS and granted a 12 month work permit to work as a caregiver
o Willow was granted a 12 month student permit to allow her to go to school.
o The permits were fast racked and the fees waived.
o The NZIS decision would have meant that Rhonda had to leave her Kiwi son Cail behind because his Kiwi father would not let her take him out of the country.
o Rhonda believed that media coverage of the case forced the ministers hand
o Rhonda’s sister Roxanne Nolte was sponsoring her for residency.
o Roxanne had only been resident at this point for 2 ½ years so had another 6 months to go before able to legally sponsor Rhonda.
o In 2004 Rhonda successfully stopped Willow’s father forcing his daughter to be returned to South Africa. Willows father now lives in the UK.
· 14.9.07 Rhonda writes on MovetoNZ
o Rhonda and Willow given 12 month permits
· 8.6.09 Letter from minster says “” I have carefully considered your submissions and I am not prepared to intervene. The previous associate minister advised you to provide certain information to Immigration New Zealand by 24 February 2009, yet you have not done so. I do not believe that an extension is warranted.”
· 16.6.09 on MovetoNZ Rhonda says the extra info was the medical certificate.
o Medical was booked for 15th Feb
o 12th Feb. her mother in Invercargill has heart attack
o Rhonda uses the money saved for the medical to visit her mother
· 16.6.09 on MovetoNZ NZ Rhonda also says:
o NZIS have said she does not meet PR criteria because she split with her husband
o She has to leave on 23
o .10.09 with her SA daughter (7 years)and leave her NZ son (5yrs) behind
o Herself and Willow are the only members of her family who do not have NZ residency
o She would have to sign over custody of her children to her mother to allow Willow to stay
o She was granted a 12 month work permit with a view to getting PR, and has since has a 6 month permit which expires on 2.5.09
o Her grandmother, mother, sister, brother, uncle, aunt cousins and other family all have NZ residency.
o She was currently working as a cleaner at Taranaki hospital, after a work accident left her unable to work as a caregiver.
o NZIS gave her an open work permit for 6 months to allow for the change in occupation while she was applying for PR.
o On the 20th April she contacted her local MP Chester Burrows
o He passed her on to Viv Chapman who said it was highly unlikely she would get pr because:
§ The economic climate meant Kiwis should do the job
§ She couldn’t support herself as evidence by not being able to afford the medical
§ Her work/ financial situation had not improved
o She is in Paid employment and that just because she cannot pay a lump sum of hundreds of dollars this does not mean she cannot support her family.
o It is highly unlikely that she will get an extension past 2.5.09 (this was written on 16.6.09)
o Her sons father (A kiwi citizen) is still adamant that Cail must stay in New Zealand.
o She believes that NZIS have bought her silence for 18 months with the extensions.
· 22.10.09 Video Clip from Taranaki Daily News
o Fight for residency began in June 2007
o Visa was extended 3 months later (9/07) after minister intervened
o In February 2008 she was told she did not meet criteria for residency as she didn’t earn enough
o Appeal to the minister ended with a another reprieve till 23.10.09 which is when her work permit expired
o On 23.10.09 Rhonda had 42 days to leave or appeal – but she intended to do neither of those things.
o Rhonda says that she has now being diagnosed with Bi-Polar Disorder which her psychiatric doctor says is brought on by immigration constantly giving hope and then declines.
o Says that every time she is declined a different reason is given
§ She doesn’t earn enough money
§ Her sponsor (sister) doesn’t earn enough money
§ No proof that Willow can live with her
· Apparently she now has a letter of support from Willows father.
· 8.2.2010 Taranaki Daily News says
o Rhonda at Waitangi on Friday to confront PM
o Organized by licensed advisor (ex minister) Tuariki Delamere
o He is told that case with be looked at by PM
o By Sunday, Rhonda still waiting for confirmation of this.
o Rhonda has been fighting for residency since 2006
o Temporary work permit issued in October will run out on 10.2.10
o She then has 42 days to leave the country or become an overstayer.
o Rhonda says she is not leaving.
So, for me, there’s an awful lot about this case that does not make sense. In fairness, there’s actually a huge amount of information missing, and it would be highly unlikely to be reported unless it gets to the Residence Review Board, where you can get what amounts to a blow by blow account of the processing of an application.
So – here’s what we don’t get:
§ Why did Rhonda not ask for an extension to do the medicals?
§ Did she ask for an extension and it wasn’t granted?
o You simply cannot put in an application for residency without one, so at the moment she doesn’t actually appear to have applied for residency.
§ Why did her family not help out with the medical costs?
o If you are sponsoring someone you have to agree to support the applicant for 2 years.
o So why can’t the sponsor support her in this?
o And with so many family here, why are they not helping to fund the $300-$400 it costs to get a medical in New Zealand?
§ Why wasn’t an appeal made in October 09 when she was given 42 days to do so.
o Her refusal to do this makes no sense to me. I get that it is highly frustrating to have to go through these processes, but refusing point blank to work through the process does not really get much sympathy.
§ How can New Zealand force a mother to leave one of her children behind, and force a 5 year old kiwi child to live without his mother?
§ Have NIZ actually done as much as they can to help Rhonda, and has Rhonda done everything she can to help herself?
o I know exactly how hard it is to jump through the hoops, but you just have to do it.
o You cannot decide not to put in applications or medicals and then hope that someone takes pity on you.
o That is brutally unfair to the rest of us who also have to fight for years to get our families into the country.
§ Has this even gone to the residence review board?
o The RRB has the authority to overturn NZIS decisions f there are special circumstances.
o As far as I am aware, they can instruct INZ to take into account these circumstances (such as having a child that you would be forced to leave behind) if you do not meet the normal criteria.
§ What does the boy’s father think of all this?
o Does he support Rhonda in staying here?
o I can’t help but wonder why no one is focusing on the fact that if she left and took his son – he would lose all access to his son too and Cail would never see his father.
I’m mixed on this. On the one hand – I cannot see how any civilized country can force a mother to leave her child behind. In New Zealand child pornographers can have their identities hidden forever to “protect the child” and yet – this mother is not allowed to stay in New Zealand, even if she doesn’t fit the bill as a suitable migrant – to protect her child. There is something very wrong with that.
On the other hand, if the reports are correct (and I stress IF – because there’s a lot missing here), Rhonda doesn’t actually seem to have done that much to help her own situation, other than play on the fact that she would lose her son. I do not understand why applications and medicals are not getting done, and appeals are not being lodged through the RRB when you have the right to do so.
I can’t help but feel a little out of sorts with this – and I feel awful for feeling that way. But we too have had to fight our way through the nightmare processes, and we have had to do so by jumping through every hoop NZIS have forced us to jump. Every step of the way we have worked with the process, and I sometimes wonder if we would have been better off just going to the papers too and embarrassing the country into letting my family in, without all the expense of dozens of unnecessary medical tests (at UK Prices), repeat Applications fees, and being treated like garbage by the establishment.
It’s certainly something to think about.
I wish Rhonda and her children the best of luck. This is a horrid situation to be in, and I hope she manages to get it resolved, and I do hope she gets to stay with her Children, in New Zealand, so that Cail will be able to know his father as well.
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Related posts:
- Honestly – not the best policy ;)
- When compassion should be automatic.
- Glad my family is through this nightmare already.
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