Trans refugees ‘dead-named’ before residency

Asylum seekers who are transgender are unable to change their name on official documents until they navigate a process which often takes several years. In the meantime, they are forced to use outdated identification, often with the wrong name and or gende

Tamir* (they/them) came to New Zealand in 2015, fleeing persecution in their home country where being an ethnic minority made it unsafe.

The only form of identification they brought with them was their passport, with a name and gender which inaccurately reflected their identity.

‘‘I’ve always wanted to change [gender] but it was not an option for me in the country I was born in. There was no access to genderaffirming healthcare either,’’ Tamir says.

After being granted refugee status, they were also diagnosed with a life-threatening illness.

Years of doctor’s appointments, lab tests and hospital admissions followed, but Tamir, still determined to transition, began taking hormones.

‘‘The issues started when my voice and physical appearance started to change, and I stopped going by the name used on my original passport. Every time I would go to the hospital I was questioned. The personal details of me they had on the system were from my passport, and I obviously didn’t look the same.’’

Tamir was forced to explain they were transgender, but could not have their gender and name changed legally until they were granted residency.

‘‘Every time this happened I was forced to out myself publicly as not only a refugee, but also as transgender. I felt really unsafe.’’

When Tamir was finally granted residency, they were able to legally amend their name and gender, and obtain a refugee travel document with these details. However, they continued to get questioned whenever they used this document.

‘‘Staff often would not accept, or question the validity of my refugee travel document, because they only recognised passports.’’

Tamir says when they managed to persuade staff the document was valid, they often still prioritised their expired passport, and insisted on using the outdated identification on it.

Name changes are made under the Births, Deaths, Marriages and Relationships Registration Act 1995. To be eligible, a person needs to be ‘‘a New Zealand citizen or is entitled, under the Immigration Act 2009, to be in New Zealand indefinitely’’.

There are only two visa types which provide that but

for refugees , who came outside the quota programme, a residence class visa which has an expiry date of ‘‘indefinitely’’ is needed before they become eligible for a name change.

Obtaining residency can take years.

Tamir says an Auckland sexual health clinic managed to change their name and gender on the database. However, hospital departments and general health practitioners would still deadname them.

‘‘Prescriptions and lab test records would be labelled incorrectly as a result. The blood test forms would be under the previous name, and when the national health index (NHI) number didn’t match the name in their record, the clinic would reject the blood test form.’’

Tamir says they were questioned at reception in a waiting room often filled with people.

For four years, Rainbow Path, a peer support and advocacy group for rainbow asylum seekers and refugees has been lobbying for an official form of photo ID people born overseas can access, where they can choose their correct name and gender.

Jack Byrne, from Rainbow Path, says legal gender recognition should be available for all transgender and non-binary people , regardless of their immigration status.

‘‘When identity documents have an old photo, name and gender marker, they make it unsafe or impossible for an asylum seeker or refugee to do things like open a bank account, rent a home, get a job, travel, or access health services.’’

Te Whatu Ora – Health New Zealand national digital services’ group manager Michael Dreyer says health providers are responsible for ensuring NHI patient information is accurate and current and, ‘‘they are obligated to do so each time a patient presents for a health service’’.

‘‘We recognise patient management systems across providers are not always linked and this is likely the cause of distress for people who have changed their name.’’

Work was under way to simplify and nationalise data collection so secure information sharing between health providers would be more seamless.

Dreyer says official proof of identification is frequently required within healthcare settings and this can cause problems for those who have no official identification documents that match the name they have recorded against their NHI.

He says the ‘‘preferred name’’ field on forms for NHI recording and updating of information does not have to reflect the name documented on their passport, as long as the person’s identity has been clearly established.

‘‘Te Whatu Ora takes a practical approach to this in recognition of the sensitivity of the issue. People can change both their name and gender on the NHI system by contacting their regular health professional or the Ministry of Health contact centre.’’

Jeff Montgomery, registrargeneral of Births, Deaths and Marriages says there were no plans to change the eligibility requirements for a name change under the Act.

‘‘However, we are working towards improving the ability of people in New Zealand to share their identity information digitally.’’

‘‘When identity documents have an old photo, name and gender marker, they make it unsafe or impossible for an asylum seeker or refugee to do things like open a bank account, rent a home, get a job, travel, or access health services.’’ Jack Byrne, right

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