Overstayers In New Zealand
Irrationality – overstayer cases!
Recently, I had a potential client visit my office wishing for representation after being an overstayer for a long time.
The other day, I read about the mother who was prosecuted as an overstayer willfully gaining money from enslaving her underage daughter into distributing activities. Activities that will haunt this daughter for life, damage and hurt endured so deep that a lifetime of self-help work may not be sufficient to mend and allow for a peaceful existence.
These two incidents were such that they held merit in becoming the topic of this article.
You may think how are these two incidents related?! These are both stories of overstayers who desperately want to stay in New Zealand and who are desperate to gain a certain end result, and for one of them, capable of unthinkable activities.
Any Hope of Residency For New Zealand
In our experience, we find that the eyes and ears look and hear for some hope. In the case of overstayers, even if there is only a small glimmer of hope, and that will be enough for them to clutch on to as a possible solution.
Some overstayer cases have no merit, some do! Yet even the ones that do, one cannot guarantee success, nor can one assure of a positive outcome simply because it is in the realm of discretion and outside one’s control. Some of these cases, even though they have merit, are sometimes met with a gate keeping approach. When a person is in this realm it is an uphill battle with no prospects of success guaranteed.
Failed Visa Applications
The potential client I mentioned above, had a failed lodgement work visa application, a declined work visa application, one refused s61 request under the Immigration Act 2009, a refused to intervene Ministerial and another refused to consider Ministerial Appeal.
Get Me A Visa
Yet despite this immigration history, and despite me telling them that they had reached the end of the road and needed to seriously consider leaving New Zealand as they were at risk of being deported, which came with a five-year ban, this message did not register. The focus was on how can I stay on in New Zealand and get me a visa.
I explained that circumstances warranting a visa had to be in existence and asked if they had one? From what I could see they did not, this fell unfortunately on deaf ears. They then wanted me to appeal to the Prime Minister. I stopped explaining and wished them well and bid them goodbye.
At Risk of Exploitation
To me this was tragic, because they were ripe for picking by unscrupulous individuals and I hope this has not happened.
Certain overstayers have lost their sense of rationality to different degrees. Whether it is out of desperation or greed, they only know.
These stories are sad but true, and only a few of the many to tell.