Immigration NZ biased - lawyer
A former immigration officer has labelled the decision to deny a Manawatu woman a visa ‘‘biased’’ and ‘‘predetermined’’.
David and Amy Smith, from Feilding, married in February, but Amy faces deportation as they are not considered official partners under New Zealand law.
Originally from Hong Kong, Amy moved to New Zealand last year, but the couple face being torn apart six months after their wedding day because officials say their love is a scam.
But former immigration officer turned lawyer Jeff Ha said an Immigration NZ letter in July denying Amy Smith’s visa application showed ‘‘administrative deficiencies’’. In the letter, senior immigration officer Kate Dower said she was not satisfied the Smiths were living together in a ‘‘genuine’’ and ‘‘stable’’ partnership.
Ha, who is working on the case without charge, believed Dower failed to consider relevant information and approached Amy Smith’s application with a view to decline it, rather than approve.
‘‘Our justification for this allegation stems from the deciding officer’s over-zealous focus on minor discrepancies when interviewing the couple,’’ Ha said.
Immigration NZ would not address questions about Ha’s claims. Area manager Marcelle Foley said the visa application was still under consideration and refused to comment further.
Ha believed Dower had emphasised small details. When Immigration NZ interviewed the couple about how they met, David, 78, told officers that it was through Facebook, while Amy mentioned a different website.
In the letter Dower stated the discrepancy led her to believe the couple’s relationship was ‘‘not genuine’’. However, Ha said Dower had failed to consider David’s age.
‘‘Indeed, as with my granddad, his interpretation of Facebook is synonymous with his understanding of the internet,’’ he said.
Ha has requested further information on Immigration NZ’S justification for denying the visa.
Amy Smith was granted an interim visa while awaiting a decision on a work visa. However, that expired in July and she was now unlawfully in New Zealand and liable for deportation.
She was required to undergo another medical assessment next week before the couple could reapply. The visa struggles, including medical assessments and doctor visits, have cost the couple more than $8000.
David said Ha’s assistance had reduced their stress. ‘‘I’ve got no nervous tension. I can wake up without shaking,’’ he said.
‘‘Jeff said ‘I’ve done 100 cases, haven’t lost one and you won’t be the first’. He’s found a few inconsistencies and we’re both absolutely relieved to have someone in our corner.’’
The couple bought a home together in December, but for Amy to gain a visa Dower said she must have lived with David for 12 months. She also believed Amy’s mild diabetes would be a burden on the country’s health system.
Amy Smith moved to New Zealand in December. She was tired of working 12-hour shifts seven days a week in a Hong Kong hospital and worked as a healthcare assistant in Feilding before her interim visa expired.