Other immigrants let down by the Ombudsman.
The Ombudsman is supposed to be 100% independant – a place you can take a complaint that has hit a brick wall elsewhere. They have a range of powers to investigate government departments and hold them to account. We found out the hard way that they do not actually do that – instead they simply ask the relevenat department (in our case Immigration New Zealand) if they did anything wrong, and if they say they didn’t – that is the the end of the situation.
So it is without a great deal of shock but a fair amount of annoyance, to find that once again, INZ and the Ombudsman seem to have stiched up a deal to allow INZ to avoid responsibilty, and screw over more immigrants.
They have “altered” the rules so that immigrants affected by severe problems with the INZ Pacific Division cant complain about thier treatment anymore.
The Ombudsmen’s office in New Zealand is being criticised for tightening the rules on complaints from overstayers about their dealings with Immigration New Zealand’s Pacific division.
Thirteen overstayers were granted residency this year after the Ombudsman ruled they had been misled by the division in 2005, with promises of jobs and residency.
Their lawyer, Richard Small, says a three-month deadline and tougher criteria agreed between the Ombudsman and Immigration New Zealand have made further complaints virtually impossible.
He says that is profoundly unfair on dozens of overstayer families who have waited more than five years for a fair hearing.
“The very people most wronged in this process, who were given misleading information, on policies that didn’t actually exist and were led from pillar to post, they have some what been disposal in this process, many of them have been deported.”Richard Small says all his clients want is the same chance of a fair hearing that the Ombudsman gave to the first 13 overstayers.
Meanwhile, the office of the Ombudsmen says it is considering a request to extend the deadline for complaints from overstayers misled by Immigration New Zealand’s Pacific division.
Why has the Ombudsman agreed to a deal with INZ to make it harder for people to complain? No where on thier website does it say that this is what they do.
I really do despair of INZ ever being forced to clean up thier act, and stop lying to or misleading applicants.
Why has Immigration New Zealand hidden the complaints process again?
Immigration New Zealand have revamped their website. And surprise, surprise, any mention of the complaints process has vanished into thin air.
This is what the INZ homepage used to look like (Courtesy of WayBack Machine).
You will notice the complaints process is the 11th option on the right hand side.
Now the new version:
An lo – it’s disappeared. Anyone would think they didn’t want immigrants knowing they had a complaints process.
I wonder of the Ombudsman has noticed?
Now the complaints process is still available but you now have to search for it – which obviously means you have to be aware that there is a complaints process to search for. I note with no surprise whatsoever that the fist link that comes up when you do so is a dead end (which is also the link I had on my links page). The second link actually gets you to the complaints process. I have updated my link so that INZ can’t hide from my readers.
Now this is still an improvement on when we wanted to make a complaint about INZ – the process was not published anywhere. In fact – this blog was the first place it was ever published. (Something Im still dead chuffed to have been able to do!)
You know – every time I’m tempted to think we may have turned a corner on the immigration process and there may be hope that it will get better – along comes something like this and I am reminded why I am so cynical.
Here is the correct link. Nice try INZ.
Well that was a waste of one year of my life.
Filed under: NZIS & Immigration issues, The Family Sponsorship Saga
Finally – we come to the end of a really shitty year for me. It started with finally deciding we had enough of NZIS pissing about over the medicals, and has ended with the Ombudsman telling us to basically get stuffed.
Our letter starts off quite well, talking about our reference to the lack of published complaints process, and how they now made it accessible. So that’s a tick in the “Done” box. (lets ignore for a moment that the Ombudsman was complicit in keeping it hidden as well). Then we get to our “Concerns about delay”. This is where things get a trifle “distressing”. Basically all the ombudsman is doing is copying parts of a letter they have received from INZ about this.
That’s it.
No investigation, no review of the evidence I provided (and there was a LOT of it – it took 3 A4 envelopes stuffed to the brim to hand it in). Just a cut and paste of what INZ told them to say.
Brilliant.
I’m so glad I wasted my time actually writing to the Ombudsman, let alone ensuring that the files I sent were complete and fully referenced. It seems all I had to do was ask them to ask the nice people at INZ to repeat their crap because I was too stupid to read it the first 27 times.
Importantly – INZ have once again not been completely honest and upfront – and it disturbs me that the Ombudsman – who is let’s remember supposed to be “Independent” is so easily misled.
INZ say,
“escalation of the complaint to the DS [deputy secretary] would have resulted in yet another person having to review the full case history and [dad] would still have needed to provide further medical information”.
Well, what a load of bollocks.
For a start – this refers to the fact that once I discovered what the complaints process actually entailed – I found that the Branch Manager should have investigated the complaint himself – not hand it off to the Head of the Family Residence team. This has nothing to do with the Deputy Secretary – it has to do with following procedures properly and doing the job properly. After all – how many times was I told rather snottily that the staff were “just following the process” and couldn’t possible be helpful by breaking the process to speed things along. They always say this when they want to get out of some screw up, and hide behind it when they don’t want to bend the rules to fix said screw up. I’m sick to death of INZ cherrypicking when to follow the rules and when to ignore them depending entirely on what suits them personally. Either the rules apply to everyone – or to no one.
Secondly – if just one single person involved had had the guts and intelligence, let alone the decency to actually go back to the Medical Assessor and ask him what the hell he thought he was doing, then we should not in fact have had to provide any further medical info.
Then INZ (via the mouthpiece of the “independent” ombudsman) says:
“[the Head of the Family Team] made a real effort to explain to [me] that the residence application was subject to her father providing medical evidence to the Medical Assessor notwithstanding the fact that [I] had her personal perception of what constituted an acceptable standard of health.”
What a load of bullshit!
She broke procedure by inferring quite clearly that Dad had an appendix 10 condition, which he did not, and it is completely outside of her job to make that call. She also could not be arsed to contact the MA to ask for clarification, and became abusive when I asked repeatedly for her to clarify what the MA wanted to know.
Further – it was not MY opinion of my father’s health. By this point he had had so many tests it was not funny – and they all said the same thing – he was in excellent health. “My opinion” – my arse!
INZ also believes
“every effort was made to resolve the situation without the need to escalate it further”.
You have got to be kidding. I’ve dealt with a number of complaints over the years – and I’m telling you – the head of the family team screwed it up big time. You do not start having a go at someone and being rude to them when they make a complaint – you fix the bloody problem. The case office refused to speak to us – how on earth is that making “every effort”? He could have sorted this out months before we even made a compalnt – he just couldn’t be bothered to take an hour out of his day to talk to us.
INZ do go on to say (via the helpful mouthpiece that is the independent ombudsman, of course):
It has duly noted [my] comments and Mr Ross Wells, Manager of the Business Improvement and Risk arm of the Department of Labour has been informed of the situation. Mr Wells proposes to raise the issues when the department outlines its Performance Improvement Action to the State Service Commission, in the near future.”
Well, blimey – that’s OK then. Just a thought – TELL ME THAT IN A LETTER TO ME YOU BLITHERING IDIOTS!
Sheesh – these people really have no clue about how to deal with a situation like this properly. I need to see some action – not a meaningless “apology” that only covers about half of what INZ staff screwed up on. Not that I understand a word of what that says mind you – sounds like “pseudo-scientific-bollocks” to me. It does however win the award for the most capitals used in a sentence that says nothing whatsoever of any importance.
The only other thing the Ombudsman tells me on this score is that she understands my dads application was approved in March. No shit Sherlock. But thanks for telling me. That was nice of you. Really.
Right – then we get on to a heading of “Recent Correspondence”, which concerns that fact that no real action was to be taken against the case officer and the FRT even though they badly mishandled the case, lied and abused us.
The Ombudsman says (No really – they actually said this themselves this time):
“I consider that the appropriateness of whether disciplinary action should be taken against a staff member is an employment issue and properly for the Chief Executive of an organisation to determine”.
So basically: bugger off and shut up.
This is something that is very disturbing about life in New Zealand. Companies and organisations can hide behind the phrase “Employment issue” and use it to slam the brakes on any complaint you have about someone working for that organisation or company. You have no right whatsoever to know the outcome. I happen to know for example that the member of staff in the Labour Whips office who so elegantly called me a “dingbat” still hasn’t been sacked – despite that fact that she has now twice sent abusive emails about people “accidentally” to those people. (I think she should be sacked for gross stupidity apart from anything else). But I was not told that by the people who oversaw the investigation – because I didn’t have a right to know.
By claiming this is an “Employment issue” – the ombudsman neatly and effectively stonewalls most of my complaint – and the far more serious elements of it: why INZ staff can get away with lying – not just to applicants and their families, but to MP’s and also it seems to the ombudsman herself.
I think that’s called a Whitewash isn’t it? Or a cover up?
And finally, the ombudsman sums up with the most unbelievably gobsmacking ending I think I ever seen in answer to a complaint:
“I am pleased that your complaint has culminated in a satisfactory outcome”
Well, after almost a week on from receiving this letter – I am still shocked by this. I really do not know what to say (and as you can see – I usually have quite a bit to say on this subject). How on earth do you answer someone telling you that you are satisfied with something when you are obviously going to be bloody furious?
The fury of that alone is still burning. How bloody dare she?
You now what: as an “immigrant” in New Zealand, I may not have the right to advise people, I may not have the right to free speech, and I may not have the right to insist that INZ treat all applicants with decency and fairness, but I damn well DO have the right to decide for myself whether I am “satisfied” with the outcome of this farce. Similarly, the ombudsman may have the right to “discontinue this matter” but there is no way in hell she has the right to determine for me and my family that this outcome is anything like satisfactory.
Unbelievable.
So, how has this process affected my feelings about having emigrated to New Zealand?
Well, I really wish I could say that it hasn’t changed my perception and view of the place. But honestly – with this and with the IALA crap – my opinion of New Zealand is not much better than my opinion of the UK. I think when you have to scratch the surface of life here, such as when faced with having to deal with obstinate and lazy INZ staff, you find a level of corruption and dishonesty which is completely at odds with New Zealand’s reputation. Much like the 100% pure label that is getting a well deserved drubbing right now – the reputation for being upfront, uncorrupt and decent isn’t actually true in many cases.
I guess what it comes down to is that if you follow the (legal) advice of our local MP and “Don’t Rock The Boat” as an immigrant – then your life here will be very pretty and lovely. But the minute you stand up for something because you have been wronged, our experience shows you will be reminded quite severely that you are an “immigrant” and told to shut up and stop making a fuss.
I personally think this shames New Zealand, and is the very reason why Mary Anne Thompson was allowed to get away with fraud and dishonestly getting residence for her family. At the very highest levels there is a huge lack of willingness to deal with the problem department that is INZ. Everyone knows its broken, and needs fixing, but no one has the guts to do it. And if you as an immigrant try and take a stand – you will it seems face a bewildering lack of concern for what is happening.
It lets down future migrants, it lets down the people of New Zealand, and it also lets down the many staff at INZ who do their jobs properly, fairly and honestly. The fact that the same person is still in cahrge of family applications in London, is still bullying applicants, still doing a crap job, and gets to carry on doing it is scary.
I know I am not the only one who faced these issues. And thankfully – it is not (yet) illegal to publicise these issues on the Internet. So for the time being – the only support immigrants will get is knowing that they are not alone.
Do I think people should complain?
Hell yes! But because I also believe that INZ will not do anything, and obviously the ombudsman doesn’t give a toss either – I also think its worth making the details available on the Internet. Start a blog, put the information up on a forum or do something else, but get the information out there. I’m happy to publish people’s stories anonymously if you do not want to be named. In many cases lately – the people who get bad decisions from INZ overturned are the ones who go to the media. That says a lot about what is going on.
On this matter, and for me though – this looks like the end of the road. I will be writing to the ombudsman to express my disgust at the pointless exercise, but it looks like no matter what INZ staff do, no matter what lies they tell – nothing will be done about it. But I still have the right to tell them what I think of them. For the moment at least.
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Wow – we actually did it!
Filed under: NZIS & Immigration issues, The Family Sponsorship Saga
I’m absolutely bloody chuffed to be able to say that Immigration New Zealand have now (at last) published their own complaints procedure on the NZIS website. (Updated 21st July 2009). (Updated with the corect link since INZ sneakily “lost” the published process.)
The only slight problem is that it doesn’t actually match the complaints process as outlined by the Ombudsman (I published that as written here).
But ho hum – it’s at least a step in the right direction, and I’m hoping I will be able to get confirmation from the Ombudsman that following the process as now published will mean that they will investigate any complaints that are unresolved. They have even (thoughtfully) provided a PDF document detailing the process.
There is now even a special email address you can use to contact the Deputy Secretary (Workforce) with your complaint if it isn’t sorted by the branch manager. It’s just a pity he didn’t want to deal with our complaint.
depseccomplaints@dol.govt.nz
Even though we still have not had a resolution to the complaint we have made about the behavior of the Family Residence Team and Branch manager at London NZIS, it is a great relief to know that all the stress and grief we went through has at least resulted in some progress – and hopefully an easier time of it for future migrants.
Never doubt that you can make things happen, and don’t give up. And just because I have finally managed to write a post that I can stick a Babylon 5 quote in:
Intersections in Real Time
John Sheridan:You know, it’s funny, I was thinking about what you said, that the preeminent truth of our age is that you cannot fight the system. But if, as you say, the truth is fluid, that the truth is subjective, then maybe you can fight the system. As long as just one person refuses to be broken, refuses to bow down.
Interrogator: But can you win?
John Sheridan: Every time I say “no.”
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The Auditor General’s Report on Immigration New Zealand is out.
There’s actually an awful lot to say about this – so it will probably be split over a few posts – otherwise we will be here all day. This report is the major review that was set up in the wake of the revelations that the Deputy Secretary of the Department of Labour (Mary Anne Thompson) had not only wangled the system to let her family gain residence to New Zealand, but that she also lied about her qualifications.
I think it is a bit unfortunate that once again the emphasis is on the Pacific Division, which is something that Mary Ann Thompson was responsible for setting up, but unlike the last report – this one does in fact deal with the Immigration New Zealand (INZ) as a whole. This is definitely a step in the right direction.
So firstly: the main findings!
1/ The Auditor General has discovered that there is excessive variation between the different branches of NZIS.
I think most of us could have told them that without having to spend a year investigating it.
2/ Targets were about the number of decisions made – not whether the right decision was made.
This one surprises me – as so many migrants I hear of seem to be stuck in an endless nightmare of not being able to get a decision. Maybe that comes down to point 1
3/ There’s a culture in which staff do not feel safe to raise concerns.
I personally couldn’t give a fig about this given the way they treat us applicants when we try and raise concerns. Maybe when they get round to sorting this out they can also publish their official complaints procedure!
4/ There’s a “Silo” culture and poor management practices.
This apparently means that different departments operate individually and do not consider INZ as a whole. This creates issue 1 – huge variations between different parts of INZ.
5/ The Pacific Island division was a mess.
It operated independently from the rest of INZ, and the auditor general has also reported that the DOL (Department of Labour – which is the Ministry that INZ reports to) knew full well that there were problems and did nothing about it.
6/ The Auditor General also clears Government Ministers of not acting earlier in relation to these issues.
It seems that they were not told of the full extent of the problems, because the CEO of immigration was not fully aware of the issues. Which sounds like an add-on to the whole problem of people being afraid to speak out about problems.
7/ The AG also highlights the fact that most of the staff in Immigration actually do a good job – and as a migrant myself I can attest to that. We have dealt with some top notch staff at NZIS over the years – people who do not deserve to be dragged down by the number of incompetent idiots who are also allowed to work in such a powerful position.
I sincerely hope this report is the first step to cleaning up NZIS.
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10 things you need know if you are having problems with NZIS (INZ).
Filed under: Getting to New Zealand, NZIS & Immigration issues
In our dealings with NZIS regarding my parents’ residency application we had to go through a nightmare making a complaint. There was absolutely no help available, and no information from other people who had gone through the same thing. So I thought a quick run down of some of the (painful) lessons we learned would be useful- in the hope that it makes it easier for others.
1/ Research.
Get ready to do a LOT of work on the Internet. There is a lot of information out there that can help you. Much of it is hard to find, so stick at it.
2/ Download the NZIS Operations manual and read it.
You need to know exactly what the NZIS staff are supposed to do. It is a useful reference for applicants – not just for the staff. Besides – I’m sure it annoys NZIS when you start quoting policy at them – especially when they aren’t following it. You probably won’t need all of it!
3/ Get to know your way round the decisions of the Residence Review Board.
It is fascinating – and clearly shows the incompetence and inappropriate behaviour of NZIS in all branches. It is well worth saving copies of any decisions made about cases similar to your own. Not only can you then reference these in any formal complaint – but they can put your mind at rest if someone has been in the same position as you.
4/ Keep meticulous records of any and all conversations you have.
Dates: Times: People: Content. Keep as much detail as you can. It is worth keeping the following as a minimum:
- A timeline of all correspondence.
- A spreadsheet of all Medical test results if this is what is causing the problem.
5/ Try to keep all communication to email if you can.
If you make a phone call – follow it with an email detailing the contents of the conversation. If you have a meeting with someone in person, take notes and again – follow it with an email. This is vitally important in case you need to prove something later. If the recipient wants to disagree with your version of events – this is their chance to do so.
6/ Keep hard copies of all emails and documents to hand in case you have a face-to-face meeting.
We found it easiest to number each document, and reference them by the number in the Timeline. We also used small post-its as tabs so we could easily find any piece of paper. It’s nice to be able to whip out a copy of an email when you need it. We had over 70 separate documents to keep track of – so we had to do something!
7/ Be accurate in any correspondence relating to your case.
There is no room for wishful thinking or exaggeration – you will need to be able to back up any claims you make with hard facts. Also – if you make sure you do this – it is easier to spot when NZIS say something that isn’t accurate.
8/ Get ready for a bumpy ride.
It can be painful making a complaint against NZIS. Whether they are supposed to or not, NZIS staff may treat you like the enemy. And it appears to be a well known principle that if you make a complaint – they will start making life very difficult for you.
9/ Understand the correct complaints procedure.
This is a 3-step process kicked off with a letter to the Deputy Secretary of the Department of labour. It is well worth trying to sort any issues out with your case officer – but failing that – escalate it via this process.
10/ Don’t give up.
If you know that you have passed all the requirements set by Immigration New Zealand, and that the problem is one of process and unfair handling of your case – then it is worth fighting for.
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What is the NZIS Complaints Procedure?
What in earth do you do if you are having problems with your application to Emigrate to New Zealand? Who do you turn to for help? Who do you complain to?
Well, in our experience, you could be forgiven for thinking that this is one outfit you just are not allowed to complain about.
We searched on Google for “NZIS Complaints Procedure” and found nothing. Nada. Not a sausage. Sure – there was information of complaining about Immigration Consultants – but absolutely sod-all about making a complaint about NZIS itself.
The problem is compounded by the fact that if you ask for advice – you will generally be told “Don’t rock the boat”. I get the impression that everyone is terrified of what NZIS can do to you if you kick up a stink. And to be honest – you would right to be scared. With so much at stake – it takes nerves of steel to make a complaint and stick to your guns. It is not for the faint hearted.
But did you know that there is an official complaints procedure you can follow???
In four years of reading and posting on forums – it’s not something I had ever heard about either – and I think this is a disgrace that no one seems to have been told this yet. We did what most people do: write to the branch manager, contact our MP, and when that fails – write to the Ombudsman.
Funny thing is, the Ombudsman refused to investigate because we hadn’t followed the official complaints process! Hmmmm. How can you follow a process that isn’t written down anywhere??? We asked the Ombudsman’s office to tell us where we could find it – only they couldn’t find it either. I wrote back to the Ombudsman and pointed out the gross unfairness of not investigating complaints on this basis, if as applicants we have absolutely no way of finding out what the process was.
On the basis of that letter – I understand the Ombudsman has now asked the CEO of NZIS for an explanation as to why they do not publish their complaints procedure. Hopefully – they will end their practice of doing everything they can to scupper applicant’s complaints – and publish the damn thing. I think NZIS should be absolutely ashamed of themselves.
Just bear in mind this is for complaints about PROCESSING applications. Complaining about a decision not to allow you a visa is a different kettle of fish altogether. The problem we had is that we couldn’t even get a decision that said “no” – which meant we couldn’t go through the appeals process. If that is your case – then this is the process you need to go through if you cant resolve your problem with your case officer.
For those that cannot wait – here is the official NZIS Complaints Procedure:
First – you should write about your complaint to:
Deputy Secretary – Workforce
Department of Labour
PO Box 3705
Wellington
6140
This then triggers a 3-step process:
Step 1: On receiving a complaint, from a complainant, the Deputy Secretary will refer the complaint to the relevant Branch Manager for consideration
Step 2: Where the complaint is not resolved by the Branch Manager, the complainant may write again to the Deputy Secretary to request that the complaint be considered by a regional manager.
Step 3: Should the Regional Manager be unable to resolve the complaint, the complainant may ask the Deputy Secretary to arrange for an independent manager to be assigned to address the grievance.
If at that point you are still not satisfied – then you can take the case to the ombudsman.
Hopefully – most people will never have to use this process, but hey – we did – so if there are others out there who are just hitting brick walls – this is what you really need to know.
I really hope this helps anyone who is faced with a similar situation to us.
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