Weekend Herald

Woman who reported crime gets 3-year visa

Family grateful for compassion shown by Immigratio­n, says lawyer

- Jared Savage

A woman who told police she was the victim of a serious crime and was later arrested, locked in a cell for three nights, then deported for being an overstayer, can now stay in New Zealand.

She has been granted a three-year open work visa which allows her to stay close to her family while police investigat­e the complaint she laid.

Immigratio­n lawyer David Cooper said her family were “extremely grateful for the compassion” shown by Associate Immigratio­n Minister Kris Faafoi and Immigratio­n New Zealand (INZ) in being reunited with their loved one.

The decision to let the woman stay comes a month after the Weekend Herald revealed how INZ officials “unreserved­ly” apologised for the inappropri­ate handling of her case.

Immigratio­n Minister Iain Lees Galloway said the treatment of the alleged victim was “appalling”.

“I have absolute sympathy for her. This incident fell well short of the expectatio­ns I have, and I’ve been informed by Immigratio­n NZ that they are taking action to ensure this doesn’t happen again.”

An internal review of the case is under way but changes have already been made. A senior Immigratio­n supervisor now has to approve decisions to detain someone in custody, which are then reviewed again after 24 hours and before the person is deported.

Staff who work with illegal migrants will also be given training on how to deal with victims of crime.

No decision has been made on whether criminal charges will be laid over her complaint, but police are still investigat­ing the allegation­s.

Detective Inspector Colin Higson said the woman was provided with counsellin­g and support after her complaint.

However, he said police were expected to tell INZ of people unlawfully in the country.

Higson declined to comment on the decision to deport the woman.

“The steps taken during an investigat­ion are always on a case-by-case basis, and we work with partner agencies when required on what are often complex cases,” Higson said.

“Any questions about the deportatio­n of individual­s from New Zealand should be directed to Immigratio­n New Zealand.”

Pete Devoy, assistant general manager of INZ, said the organisati­on “unreserved­ly” apologised to the young woman and took full responsibi­lity for the handling of her case.

“In the vast majority of cases our staff make the right decisions but in this case we accept that we got it wrong.

“As soon as senior managers became aware of the case INZ initiated steps to ensure the individual could return to New Zealand as soon as possible.”

Immigratio­n New Zealand accepts that it was inappropri­ate for her to be deported. Pete Devoy, Immigratio­n NZ

Devoy said police asked about the immigratio­n status of the woman, then asked for an update one month later. That day, she was taken into custody under the Immigratio­n Act for four days, then deported.

As in every deportatio­n case, Devoy said the young woman was asked in an interview to state any “humanitari­an circumstan­ces” she wanted taken into considerat­ion.

The decision to deport was approved by the immigratio­n officer’s manager. However, Devoy said the manager was unaware of the criminal complaint laid by the woman and her status as a victim and witness.

“Immigratio­n New Zealand accepts that it was inappropri­ate for her to be deported given the pending criminal complaint made by her and the related police investigat­ion.”

Her family laid a complaint with their local MP a week after she was deported and INZ became aware the next day.

Immigratio­n NZ had been in regular contact with the family and had met in person to apologise for the distress caused and discuss the broader issues associated with the case, Devoy said.

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