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Kirk Hargreaves / Things
A woman’s path to the residence was “essentially thwarted by the fact that she was raped at the age of 14,” a court has concluded. (File photo)
Immigration authorities denied New Zealand residency to a woman because she gave birth to her rapist’s son.
The case came to light in a recently published decision by the Immigration and Protection Court, to which the woman, identified only as IP, appealed after her offer was denied.
The court heard IP, a 22-year-old citizen of the Philippines, who gave birth to a daughter when she was 14 years old.
In 2019, you applied for New Zealand residency in the dependent child category. His sister and brother obtained residency in 2015 and 2016, respectively.
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He did not originally declare the existence of his daughter, who is now 7 years old.
After Immigration NZ requested more information, IP provided the girl’s birth certificate and gave evidence that she had become pregnant as a result of being raped by a stranger.
Radio Tarana
Immigration Minister Kris Faafoi speaks with Radio Tarana’s Vandhna Bhan about immigration issues related to the migrant community.
Her mother, a New Zealand resident, told Immigration NZ that her daughter had been “the victim of an unimaginable experience.”
“We were all in shock and didn’t know … how we would survive the ordeal,” he said.
An abortion had not been an option, they told the authorities.
The mother said that IP had trusted her both emotionally and financially since the rape, and is now more concerned than ever for her as she has no immediate family members left in the Philippines.
She “would love to be able to provide her with the family atmosphere and affection that she so yearns for for herself and my granddaughter,” said the mother.
However, Immigration NZ rejected the IP application because she is a mother and therefore does not meet the criteria to obtain residency as a dependent daughter.
123RF
The woman lied about having a child at Immigration NZ, but it was likely because she was “desperate” for residency, the court said. (File photo)
The court found the decision to be correct, as the authority “had no discretion to make a decision outside of its instructions.”
However, IP has special circumstances that justify the immigration minister to review his case, he said.
Her failure to disclose her daughter was “troublesome,” but it probably happened because she was “desperate” for residency, according to the decision.
Rape, and becoming a mother at such a young age, would not only have been “extremely difficult” for IP, but “the end result has been that she is unable to join her mother and siblings who met a few years ago in New Zealand. ”Said the court.
He recommended that the minister grant residency to both IP and his daughter.
“Given that the appellant’s path to residency was essentially thwarted by the fact that she was raped at the age of 14, granting residency … is certainly a human response.”
Where to get help for sexual violence
- Rape crisis 0800 88 33 00, click on the link for local help lines.
- Support for victims 0800 842 846, text 4334, safetotalk.nz web chat or email [email protected].
- Port Online information and support for people affected by sexual abuse.
- Women’s shelter 0800733843 (female only)
- Male survivors Aotearoa Helplines in New Zealand, click for more information (male only)
- If you or someone else is in immediate danger, call 111.
Need help? If you or someone you know is in a dangerous situation, please click on the Shielded icon at the bottom of this website to communicate with Refugio de Mujeres safely and anonymously without your browser history being tracked. If you are in our application, visit the mobile website here to access Shielded.
