Manawatu Standard

Immigratio­n NZ biased - lawyer

- SAM KILMISTER

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.

 ?? PHOTO: WARWICK SMITH/STUFF ?? David and Amy Smith are married, but officials don’t believe their relationsh­ip is genuine.
PHOTO: WARWICK SMITH/STUFF David and Amy Smith are married, but officials don’t believe their relationsh­ip is genuine.

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