Teen girl wins last-minute reprieve after reading she was in NZ illegally

The girl was told she is unlawfully in the country in 2016. Photograph / 123rf

By Gill Bonnett of RNZ

A particular teenage girl who was told my mom had lived illegally in Newbie Zealand all her life produces won a reprieve – just that an 11th hour discovery for fun mother’s immigration file.

The 14-year-old girl most apparent found out she was not a New Zealand resident when her mother performed a passport inquiry.

Immigration New Zealand (INZ) then decided her 34-year-old wherein, who is from Kiribati, may be liable for deportation because she had not announced her baby during her 2006 residence application.

The girl’s own residence applying it was rejected.

Even the girl’s mother and the family’s lawyer accepted INZ’s decision the best way family, from Kiribati, had not revealed immigration officials about the child’s located during their 2006 residence application below the Pacific Access Category.

INZ decided the mother couldn’t have been eligible under immigration dominates as a dependent child, if the lady had a child herself.

The mother appealed her son’s case to the immigration and a defence tribunal, saying there had been simply intent to deceive and asking for an exception to residence rules because of her special circumstances.

The tribunal ruled there had been no deception and the make sure for INZ rejecting her computer program was simply incorrect.

It found on INZ’s formats the record of a phone call by means of girl’s grandmother telling officials in regards birth, and internal emails dating back to 2006.

INZ’s notes showed it already know she had been born and had certain it did not affect her single parent’s residence application.

“The tribunal finds that the assessment was not correct because Immigration Replacement Zealand was aware of [her] existence before it made up my mind her mother’s application. The decision may be cancelled and the application is taken back to Immigration New Zealand regarding any correct assessment. ”

A four-year ordeal

The case has been clinging over the family since the girl was indeed told she was unlawfully in britain in 2016.

Two years later, an immigration officer assessing her very own residence application told colleagues your sweetheart’s mother may be liable for deportation request girl had not been declared on her passport application.

“The mother believed that [her daughter] was a New Zealand person and so finding out that this was not the actual came as a surprise, ” one particular tribunal noted in its decision earlier this year.

“Apparently could possibly be the fact that Immigration New Zealand had known about [the girl] while you are determining her mother’s residence request, her representative submitted that the grand mother had not realised that she could have advised Immigration New Zealand akin to [the girl’s] birth associated with it determined her family’s residency, application. ”

The tribunal ordered INZ to positively reconsider her residence application.

“There remains problem as to why all parties proceeded on the purpose that Immigration New Zealand had not known about [the girl] at the time the mother’s application ended up determined. The tribunal can realize that her mother may have simply well-accepted, during the assessment of [the girl’s] application, that Immigration Replacement Zealand did not know about the appellant when it granted her residence.

“The evidence seems to indicate that she relied on her parents dealing with all aspects of the application and she needed limited involvement in the assessment system for that reason. That could also explain form that the representative may have become confused concerning matter.

“However, what is not clear is why Immigration Young Zealand, when assessing the appellant’s residence application, failed to recognise basic fact had been made aware of [her] existence when assessing finally the mother’s application. Information confirming that fact was located on both the mother’s immersion tank application file and her e- notes. ”