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Domestic abuse victim's battle with Immigration New Zealand for new wife's visa

Wednesday, 2 September 2020

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A victim of family violence can’t get his new wife into the country because immigration officials consider him an abuser, despite no evidence to support the claim.

The Auckland man has a permanent stain on his record after his ex-wife was granted a visa under a two-decade-old policy that allows family violence victims to stay in the country.

The man, who Stuff can’t name for legal reasons, wasn’t notified and was therefore unable to defend the claims.

The policy is outdated and in dire need of a review, immigration lawyer Aaron Martin said.

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A man’s wife can’t come into the country because he is considered a perpetrator of family violence. (File photo)
A man’s wife can’t come into the country because he is considered a perpetrator of family violence. (File photo)

“I’ve come across cases where men have been married for four or five years and even had children, but they can’t get their second wife in the country because back in the day, unbeknownst to him, a former partner after leaving him, got residence on the basis of a claim of domestic violence.

“The only time he ever knew about it was years down the track when he applied for a visa for his current wife.

“In some cases, the visa is granted based essentially on hearsay statements, signed off by third parties.”

The 30-year-old Auckland man was born in India but is a New Zealand citizen. He entered into an arranged marriage in 2012 and successfully applied for his then-wife to come to New Zealand from India on a partnership visa.

They lived together for a year before separating in 2013.

Documents independently corroborated by Stuff, including police reports, a criminal record history, and several statutory declarations by counsellors and social workers, support the man’s claim his ex-wife was abusive.

The police reports document the abuse by the ex-wife, including damage to property.

”[I] gave her information that it is abuse if she hits and is harassing her husband. She said that she will not do it again,” one social worker wrote in a report.

The man didn’t press charges, instead choosing to move on with his life. He thought his troubles were over until he tried to get a visa for his new wife in 2017.

He was told he wasn’t an eligible candidate as his ex-wife was granted a visa by Immigration New Zealand under the Victim of Family Violence Policy

Under the policy, applicants can submit evidence of a protection order, a conviction, a complaint that has been investigated by police, or a statutory declaration by the applicant and two other competent people.

Stuff understands the man’s ex-wife provided two statutory declarations to support her claims.

“Everything my ex-wife has said is blatantly untrue, false and misleading,” he said.

“They should be investigating her claims. I have provided INZ with all the evidence they need, but they keep telling me they can’t do anything.”

Between July 2014 and June 2019, INZ granted 195 residency visas and 567 work visas under the policy, while declining 105 residency visas and 72 work visas.

Martin said the only way alleged abusers, who are predominantly men, can clear their names is through a costly and lengthy appeal process.

He knows of about four people who have tried to appeal in the past five years.

“The thing I find offensive is essentially someone is made a criminal by virtue of administrative decision-making, where there’s no testing of the evidence at all, other than the testing the immigration officer gives.

“The outrageous thing is they’re not notified, so there’s no ability for someone to put their hand up and say, ‘hold on, that’s not true’.

“It defies any sense of reason or fairness. It’s offensive on so many levels and I’m just astounded that it remains in that form.”

INZ refused to discuss most aspects of the case, citing privacy reasons. INZ general manager border and visa operations Nicola Hogg said the policy applies to people who cannot return home because of stigma, or because they would have no means of independent financial support.

Hogg said because the man’s ex-wife was granted a visa under the family violence policy, he was no longer classed as an eligible partner.

Holly Carrington, a spokeswoman for Shine, a charity helping domestic abuse victims, was around when the policy was being discussed with INZ 20 years ago.

She said some victims of violence may never call police for fear of repercussions, especially if their visa depends on their abuser.

“This [case] seems like an anomaly, because for many women who experience domestic violence, this policy is a lifesaver.”

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