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Deportation from NZ - in the news


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Old 6th July 2011, 02:24 AM
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Default Deportation from NZ - in the news

This is one example where NZ Immigration should be applying a bit of common sense and letting this girl stay.

Woman faces boot despite NZ family
By Lincoln Tan
5:30 AM Wednesday Jul 6, 2011

An Englishwoman whose family has permanent residence faces deportation because her natural father - whom she has never met - did not sign forms for her residency.

Charlaine Hodgson, a 26-year-old former bar manager in Hamilton, was arrested in May while making a police report about a fight and was detained in custody for about two weeks.

Immigration New Zealand said she had been here unlawfully since 2001 and issued a deportation order.

However, she moved to New Zealand aged 13 with her two half-siblings and mother Sandra in 1998 after her mother married Simon Woodward, who is a New Zealand citizen.

All obtained New Zealand permanent residence except Miss Hodgson, because they could not produce a letter of consent from her biological father - who never married her mother and whom she has never met - allowing her to live in New Zealand.

The matter will be heard in the High Court at Auckland on Friday.

Woman faces boot despite NZ family - National - NZ Herald News

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Last edited by Song_Si; 29th July 2011 at 08:00 AM.
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Old 6th July 2011, 02:35 AM
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I agree, see what the court says though, and hope the immigration dept can, as you say, show some common sense.

There was similar story from Australia earlier this year, the man had been living there 41 years, since he was six. The main difference was this man had a criminal history. This woman does not appear to have done anything wrong at all.

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Clifford Tucker, 47, moved to Australia with his parents from the UK when he was six but never applied for citizenship. He is being deported because he failed a character test. Story here: Australia carries out British man's deportation

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Old 7th July 2011, 12:37 PM
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Overstayer's lawyer may sue Immigration New Zealand
MICHELLE ROBINSON Last updated 17:47 07/07/2011



SINGLED OUT: Charlaine Hodgson was the only one in her family not granted New Zealand residency.

Immigration New Zealand says it will strongly defend any attempt to sue it over its treatment of a woman saved from deportation yesterday.

Earlier the lawyer for Charlaine Hodgson - who has lived in fear of deportation for 13 years - said he was considering suing Immigration New Zealand for their ''inhumane'' treatment of her.

On Wednesday, two days before a High Court hearing to determine whether Charlaine Hodgson could remain here, the Government gave the 26-year-old a last-minute lifeline.

Associate immigration minister Kate Wilkinson gave her a residency application form and a three month reprieve.

Hodgson was 13 when she arrived in New Zealand from Britain with her English mother, Kiwi step-father and two step-siblings, who were all granted residency.

She missed out because of a technicality that required her birth father's permission. She has never met her father and has not been able to contact him.

Hodgson was arrested as an overstayer in May and was at the airport awaiting deportation when lawyer Evgeny Orlov was alerted to her plight and lodged a High Court challenge.

At that point Hodgson had already been locked up in police custody and spent time in a women's jail.

She described Manukau police station as ''hell'' for its unsanitary conditions and the constant verbal harassment she was subjected to from gang members in nearby cells.

Orlov says he is likely to sue Immigration New Zealand over her treatment.

''No one's given her advice,'' he says.

''To shove her in prison when they could have put her in a hotel. They deprived her of basic rights like reading. She's never done anything wrong.

''She was at high risk of self harm, Immigration knew but were still willing to send her to England where she would have likely killed herself because she had no one.''

Orlov says he has dealt with a lot of deportation cases, though Ms Hodgson's situation is unique in that she was a child when she arrived.

''This poor little girl came with her family, she didn't run away, she didn't jump ship.''

He says Ms Hodgson should never have been denied residency as she came over as a child and has a right to remain with her family.

''It's the most fundamental right in all societies,'' he says. ''Virtually any country in the world would have allowed Charlaine to stay.

''This should have happened before they destroyed her life, basically. She hasn't had an education, she hasn't had a life,'' he says. ''You can't get that back but at least this is something.''

But INZ head of immigration Nigel Bickle said any proceedings would be vigorously defended.

"INZ went to great lengths in Ms Hodgson's case to assist her in regularising her immigration status. Ms Hodgson repeatedly failed to respond to INZ's requests for information and, as a result, INZ was unable to assist her and closed its file in 2005," he said.

"Since that time, Ms Hodgson has made absolutely no attempt to contact INZ or to regularise her immigration status, instead choosing to remain in New Zealand unlawfully.

"INZ makes no apology for taking deportation action against persons who are unlawfully in New Zealand. Persons who choose to remain unlawfully in New Zealand can expect that deportation action will occur when they come to INZ's attention."

Wilkinson's intervention gives Ms Hodgson three months to sort herself out, a spokesman for the minister said.

"The letter outlined what she should have done and told her what she needs to do now."

Attempts were first made to deport Ms Hodgson when her visitor's permit expired when she was 15.

Intervention by then-immigration minister Winston Peters saw her granted another permit.

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Old 9th July 2011, 01:24 AM
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Quote:
Originally Posted by Song_Si View Post
"INZ went to great lengths in Ms Hodgson's case to assist her in regularising her immigration status. Ms Hodgson repeatedly failed to respond to INZ's requests for information and, as a result, INZ was unable to assist her and closed its file in 2005," he said.

"Since that time, Ms Hodgson has made absolutely no attempt to contact INZ or to regularise her immigration status, instead choosing to remain in New Zealand unlawfully.

"INZ makes no apology for taking deportation action against persons who are unlawfully in New Zealand. Persons who choose to remain unlawfully in New Zealand can expect that deportation action will occur when they come to INZ's attention."
this is the 'other side - she has been aware since eleven years ago and long-overatyed the three month visitors permit issued at that time - this from today's NZ Herald - and did not follow up on Immigration requirements
The late save through Ms Wilkinson's intervention is not the first time for Ms Hodgson - Immigration NZ tried to deport her when she was 15, two years after she arrived. But the then Immigration Minister, Winston Peters, got involved and Ms Hodgson was given a visitor's permit.

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Old 19th July 2011, 12:46 AM
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Default British teacher faces deportation

Wellington teacher on verge of deportation
Last updated 11:05 19/07/2011

A teacher dismissed from his job at a girls' school appears to have lost his fight against deportation after his teacher registration, his job-linked visa and finally Immigration officials' patience ran out.

British teacher Dominic Speed's arrest on July 6 for shoplifting triggered a series of events that led to him being held in custody.

Yesterday, Wellington District Court judge Carrie Wainwright made an order than means Speed can be held for up to another 28 days for travel documents to be prepared and flights booked.

Immigration New Zealand wanted to deport him last week, but Speed would not say where his passport was.

A High Court judge said last week that Speed, an accounting and economics teacher, faced "extensive allegations of misbehaviour" from his time at Wellington Girls' College in Thorndon.

The school refused to speak about Speed.

He maintains that the Teachers Council's complaints assessment committee dismissed the complaints against him. The council would not comment.

However, the council's website says Speed's registration expired in September. One of the requirements for renewing registration is that a candidate must be of good character and fit to be a teacher.

In December, Speed was dismissed from the college, which has about 1200 pupils.

In April, Immigration New Zealand advised him it would be asking for him to be deported.

Speed's lack of action to that advice gained little sympathy when his lawyer went to the High Court last week in an attempt to stop deportation.

The lawyer, Douglas Ewen, said Speed should be allowed to stay while his personal grievance against the school was still to be decided.

But Justice Joe Williams refused. He said Speed had not taken the obvious steps to help himself.

Although Speed has faced a string of charges during his time in New Zealand including assault, intimidation, trespass and disorderly behaviour most of them were either withdrawn or he was acquitted.

It was also alleged by Immigration New Zealand that he had a history of evading police and breaching bail.

He has pleaded not guilty to charges of criminal harassment and hindering police, which are still pending, and no plea was entered to a charge of driving while disqualified.

At the time of his latest arrest, for shoplifting, police advised Immigration officials that they would not go ahead with the charge if Speed was deported.

Speed has a history of disagreements with Immigration New Zealand. He was refused residency in 2008 for failing to produce a certificate from German police that he had not been convicted of any offence while working there.

The residence review board decision, which did not name Speed, said he first arrived in New Zealand in December 2004 and began working at Wellington Girls' College in February 2006.

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Old 19th July 2011, 12:58 AM
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I'm looking for a sympathy angle here, but I can't find one!

he's had an interesting stay in NZ; unsure what happens when he is deported - whether he would be refused entry if he tried to go back.

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Old 22nd July 2011, 03:12 AM
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There are numerous inaccuracies in this article.

His passport was missing and it took friends 6 days to find it. Immigration, his lawyer and the police were informed, it had been located, before this article was published.
It was handed into the Police the day before this article was published in the Dominion Post.
He is still registered as a teacher in NZ. Check out the Register of New Zealand Registered Teachers website. It's only his practising certificate that has expired.

The "extensive allegations of misbehaviour" were assessed and he was cleared before the renewal of his annual practising certificate issued in September 2009.
The Complaints Assessment Committee have found no impairment on his current ability to practise as teacher. This was dated 30th June 2011.

Why are the "string of charges" being mentioned when they have been dropped or he was acquitted? Does that mean he will always be seen as guilty, in spite of evidence to the contrary?

Identification Papers and tickets necessary to deport Speed last week. They were prevented by the fact that the matter was before the Courts not the lack of access to the passport.

The German Police Clearance Certificate confirms, he has never been convicted of any offences in that jurisdiction. Immigration received a copy of this.

If you look at the original article, you will see no author cited and no ability to make any comments to refute the inaccuracies.

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Old 29th July 2011, 08:04 AM
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Default Govt tries to deport bashed wife

Govt tries to deport bashed wife
Mother and two children now illegal immigrants.
24/07/2011

A woman who has lived in New Zealand for four years and left her abusive husband has been denied residency because of his convictions for crimes against her.

The plight of Charmain Timmons and her children, who are now illegal immigrants, has outraged Women's Refuge, which says the Paraparaumu family should not have to suffer twice because of his cruelty.

"It's wrong in so many ways," said refuge chief executive Heather Henare. "She is being punished. She is someone who has come over here with the best of intentions to have a better life...and now she's going to be sent back because she was unfortunate enough to be a victim of domestic violence."

Timmons, 37, has been granted the rights of a resident by some government departments, as she has had legal aid, a benefit and is enrolled to vote.

Among those who have written letters of support are MP Nathan Guy, Kapiti Coast District Mayor Jenny Rowan and the associate dean of the faculty of health at Whitireia Polytechnic, where Timmons is studying for a social work degree.

Timmons and her ex-husband, a plumber, and their two children arrived from London in 2007. He was granted a work permit and, in September 2008, lodged a residence application for the entire family under the skilled migrant category. Immigration New Zealand approved it in principle in February 2009.

The couple needed to send in their passports and a $1050 fee but Timmons left her husband before the process was completed. As a result, she and the children were illegal immigrants, and she was told she had to leave the country.

"I decided I had to get out of the relationship because it was becoming violent and abusive and it was psychologically and emotionally very damaging," she told the Sunday Star-Times.

He left New Zealand for eight months before returning this year on a two-year visitor's permit.

She said moving back to England would be a huge upheaval for the children, now aged seven and nine, who regarded themselves as New Zealanders.

"They don't want to be anywhere else. They know of England but their roots are here now. I haven't done anything wrong. I just want to provide a safe, secure environment for my children."

Henare has sent a letter to Associate Immigration Minister Kate Wilkinson asking for a reprieve on humanitarian grounds. Otaki MP Guy said in a letter: "The struggle to put her life back together has been huge. Charmain has since built a safe and stable home life for her children while still facing the debilitating, continued off-and-on presence of her ex-husband."

An appeal to the Immigration and Protection Tribunal failed because it found there were "no exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for the appellant to be removed".

A spokesman for Wilkinson said he was not aware of Timmons personally appealing to the minister for a reprieve.

- Sunday Star Times

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Old 31st July 2011, 03:10 AM
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Default Charmain Timmons

follow-up news item to above post, though does not provide any clarity on what is happening (nothing?), or who is expected to make he next step. Also unclear how she was able to get a benefit (Winz is Work and Income New Zealand), enrol to vote (must be a permanent resident to enrol) or get legal aid . . .

Inaction distresses deportation battler
31/07/2011

An Englishwoman woman fighting Immigration New Zealand to stop her and her two children being deported says she feels sad that her plight has not captured the interest of Associate Immigration Minister Kate Wilkinson.

Kapiti Coast woman Charmain Timmons faces deportation after her residency application was denied because her then-husband was convicted for crimes against her.

She and her two children were on a family residency application placed by her ex-husband which was approved in principle but has since been denied because of his convictions. Since that time she has been fighting to stay in New Zealand, which is the place her two children call home.

Timmons said on Friday she had not been contacted by Immigration New Zealand since a story ran in the Sunday Star-Times last week. She had, however, been contacted by Winz, which was questioning her about why she was able to get a benefit if she was not a resident. Timmons has also been able to enrol to vote, and get legal aid.

As Timmons struggles to make her case, the Star-Times can reveal a host of new immigrants have been allowed to remain in the country despite convictions. The government's Deportation Review Tribunal quashed deportations for over half of the 39 cases it heard last year. The criminals are all new immigrants who have offended within the first 10 years of residency and have consequently had their permits revoked.

list here

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Old 31st July 2011, 05:22 AM
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I have just read through the list of people, who have been allowed to stay in the country, with their list of convictions. It is horrifying!
The British teacher was cleared of false allegations made by a senior employee of a Government Department. The case was dismissed before trial. Why was this employee never charged for wasting police time, or defamation of character? The aftermath of this included the dismissal of this teacher from his position. He has a strong case for unfair dismissal, but is being prevented from remaining in New Zealand to be present,when his case is heard! Why?
I am pleased to see that Charlaine Hodgson has been granted residency. Justice has prevailed.
I can only hope and pray that the Immigration Minister will look again at the cases of Dominic Speed and Charmain Timmons.
Immigration may need to look again at their policies. It would be interesting to hear from them how decisions are made. On the surface, deportation decision reversals do not appear to be based on logic or commonsense.

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