In the meantime – things rumble on …

26.2.08
Reply from the Chief Ombudsman saying that they cannot act on the complaint, as we have not yet followed the proper complaints procedure.
The Immigration New Zealand Complaints Procedure is detailed for the first time.
Letter states that the Department Of Labour are expecting our complaint and will deal with it at the second level of the process.
Phone call to the case manager re this letter. I have to say I was again in tears with sheer frustration at this point. I just did not believe what I was reading.
The Ombudsmans’ case manager also cannot find any mention of the Procedure on the Internet (we were on the phone for over 10 minutes.)
She cannot answer the question as to how we can possibly follow a complaints procedure that is not written down anywhere.
Also cannot answer why NZIS staff can get away with not telling us that there is a precise complaints procedure to follow.
The answer to all questions is “ I cannot help you with this complaint”.

Note: while we could not get any answers from this phone call – I want to make it absolutely clear that the lady I was dealing with was incredibly kind and understanding. I was absolutely devastated, shocked and pretty much blubbed the whole way through the conversation. Yet she never got angry with me, and actually understood why I was so upset. We agreed that I would write a further letter regarding the lack of any written complaints procedure (bearing in mind that she couldn’t find it either), and see what could be done.

26.2.08
Letter written to Chief Ombudsman stressing the problem with not being able to find the procedure anywhere, and that this needs to be urgently remedied.

“I need to ask you to remedy this situation regarding the complete lack of a written procedure that people such as ourselves can access. It is beyond belief that in all the time since we first raised concerns about the handling of this case in September 08 – not one person till now has ever advised us of this hidden procedure. I feel it is also a failing of your office that you did not advise of this in your first letter to us on receipt of this complaint.”

26.2.09
We put all the information together (again) in a file and send it to the Deputy Secretary (Workforce) at the Department of Labour (DOL) – Andrew Annakin.
Letter to Andrew Annakin states:
We were never made aware of the complaints process by either the CO, FRT or branch manager in London.
We first raised issued back on 22nd September 2008 and have since been deliberately stonewalled by staff in London.
Point out the lies, refusal to accept any responsibility whatsoever, and ongoing insistence on blaming us for the delays.
Pont out that what was a simple case of the MA not doing an adequate job has “exploded into a nightmare; where we are being insulted; accused; lied about and refused access to any means of resolution.”
I also state clearly that NZIS have failed utterly to prove an “Unacceptable standard of health” whereas we have provided evidence over and over again that dads health IS of an acceptable standard.

3.3.09
Letter from DOL saying they have referred our complaint to the Regional Manager (Andrew Lockhart).
Letter states that if we are not satisfied with the response we should re-address our concerns to DOL again.

6.3.09 (Friday)
Phone call to and from the Private Secretary to Immigration Minister, following the (drunken?) refusal of Charles Chauvel MP to represent us.
Explained the situation – she will contact London as the file is “Unclear” as to what is going on.
We have told her that the CO has lied before about us holding the case up, and that we are concerned that he will do so again.
Has told us to expect to hear from them on Monday or Tuesday.
We have asked for a face-to-face meeting.
We have explained that we have tried to go through channels in order to get access to the minister but have been refused help, from both our own MP and the opposition list MP for our area.

We do indeed get a call back on Monday, saying that the medicals have been approved and that we should get confirmation of this within 2 weeks.

We are utterly gobsmacked.

10.3.09
Letter from NZIS Regional Manager.
To myself and Mr Heyward (whoever he is – that is not my husbands name).
Has apparently “investigated matters”, and apologises for any confusion over the medical requests.
Understands that FRT “worked with us” in Jan to provide advise on what was needed.
Pleased to inform us that the information now provided was enough and that the MA has now said dad is of “An acceptable standard of health”. He has asked the CO to finalise the case in the next two weeks.

Fluff about why the health checks are needed, and they we are lucky to have a small number of assessors in London meaning that cases do not get referred to Wellington.
Fluff about “we are committed to providing a high level of service” and apologises for the longer than usual delay.

Absolutely no mention whatsoever of a single one of the issues we have raised.

12.3.09
Email to Regional Manager. We explain that we will provide a more substantial response once we have the Visas, but ask in the meantime for a copy of the final Medical report.
We also ask if he would oversee a future application for my brother, as we believe there will be a heavy bias in the FR department against his case.

12.3.09