Gill
Bonnett Senior Journalist
A
woman stuck
in the Cook Islands for three years is in a situation
which may be tricky for Immigration New Zealand and “too hot
to handle” for ministers, according to a
lawyer.
Decision-makers have not allowed her to travel
here because they doubt her stated intention to transit
straight to her home country, which is reportedly in South
Asia.
The Cook Islands News said the woman described
her forced stay as a psychological
nightmare, and she insisted she wanted to return to her
family.
Australia had reportedly also refused transit
visas.
An immigration lawyer Richard Small, who is not
the woman’s lawyer, had dealt with similar cases in the
realm countries, which include the Cook Islands, Niue and
Tokelau.
INZ was likely concerned she would claim
asylum when she lands in New Zealand.
“Here, there is
a suggestion of a past refugee claim, and that would have
triggered all kinds of alarm bells. Unfortunately, those
alarm bells can drown out the individual circumstances of
the case. And we have had clients that have been stuck in
realm countries through exactly these kind of
circumstances.”
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Ways out of the Cook Islands – “unless
you have a boat” – were through Australia, New Zealand or to
some other Pacific islands.
The woman told Cook Island
News she just wanted to return home.
“Living by myself
for three years without seeing family is torture. It is a
psychological nightmare. I genuinely want to return home. I
have no intention to stay in New Zealand.
“My only
child is getting married and he wants me to be there (her
home country). I have no reasons to want to go to New
Zealand or Australia.”
Rare but not
unique
Small, who runs Pacific Legal, said ministers
may need to intervene to find a solution to the woman’s
situation.
“What surprises me is that there hasn’t
been any discussion of what we call an ‘airport visa’. And
this is where someone can overnight in typically Auckland
airport, where there are 24-hour immigration staff, border
staff, not strictly in custody, but supervised, and then
just catch the next available flight.
“The person
would be literally transiting, not leaving the airside part
of the port and not actually entering New Zealand as
such.”
Small said that would only apply if the person
was already liable for deportation, which we didn’t
know.
If that was the case, there would be
justification to detain or monitor them with an airport
visa, he said.
The Green Party said INZ should change
its mind.
“That’s what I think needs to happen,” said
its Pacific Peoples spokesperson, Teanau
Tuiono.
“Otherwise, what’s going to happen? She’s
going to stay – there are not many other flights going from
the Cook Islands to other countries, like Auckland’s
basically it. And because the Cook Islands is part of the
realm as well, there are responsibilities there.”
INZ
operations director Janine Parsons said the agency had
received multiple applications for a transit visa from the
woman, who it named as Ms Ruchira
Ranasingha.
“However, these applications were declined
as we were not satisfied she has a genuine intention to
transit through New Zealand. We are unable to comment
further due to privacy concerns.”
The fear she would
claim asylum at the airport was probably at the centre of
her problem, said Small.
“There is a real problem with
false asylum claims alongside real ones. And Immigration New
Zealand are especially mindful, as are all the Five Eyes
partners [Migration 5], of this risk.
“We are finding
also that people who have had claims made behind their backs
by advocates. Really in a case like this, a lawyer or an
adviser needs to go through the file and try and find out to
some degree what’s happened.”
It was difficult to know
the detailed circumstances, for example whether she could be
deported, in which case the Cook Islands might need to
provide a police escort.
The woman’s situation was not
unique, he said, with more migrants travelling to Pacific
Islands to work.
“It is strange, and we would have
come across these kind of issues about half a dozen times. I
don’t think it’s common at all.”
Asked if those people
had returned he said they had – eventually.
“But
eventually can be a very long time. We’re talking
years.”
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