Longer Prisoners Claim Covid Refugee Status in Attempt to Stay in New Zealand

Two people who remain in jail longer while awaiting deportation are claiming refugee status due to the Covid-19 pandemic in an attempt to stay in the country.

The father and son, Indian nationals, say their lives are in danger if they are forced to return to India due to the inability of the Indian government to control and manage the Covid-19 outbreak.

Their immigration adviser, Tuariki Delamere, says the two are being held in prison without just cause, as they have no criminal records and pose no threat to New Zealand.

Delamere is seeking his release on bail while his refugee claims are processed.

He said that under current rules, the two men cannot be deported until their refugee claim is completed.

“Because this determination process could take more than two years, the New Zealand taxpayer faces a cost of approximately $ 500,000 to keep in prison; a cost that need not be incurred, and a cost that I, as taxpayer, I object. having to pay. ” Delamere said.

Covid-19 restrictions on the availability of international flights also mean that it is unclear when those who overstay can be deported.

They shouldn’t be in jail for more than a month if they can’t be deported, Delamere said.

In court applications requesting the detention of those who stayed longer, the immigration officer in charge said that the duo had been in New Zealand illegally for a significant period of time (five and eight years) and had not attempted to regularize. your immigration status.

The son had rejected INZ’s proposal to monitor in the community pending voluntary departure from New Zealand.

The father had previously submitted three refugee applications and one appeal since 2014, all of which were rejected by the Refugee Status Branch. INZ agents found him hiding under a bed before his arrest in October.

An INZ spokeswoman confirmed that the two were initially detained under the 2009 Immigration Act and taken into custody after being located by INZ compliance officers.

On October 14, the Auckland District Court granted a commitment order to continue to detain them for 28 days.

“INZ will review their detention on an ongoing basis, taking into account all the circumstances relevant to their cases, including any new information that may become available during the validity period of their commitment orders,” the spokeswoman said.

The agency has been able to increase deportation as more flights become available.

“We are aware that it is still difficult for some migrants to leave New Zealand, due to the lack of flights to some destinations and transit and border restrictions around the world,” he said.

“It is important that the migrants do not violate the conditions of their visa and that they contact INZ regarding any changes in their personal circumstances that may affect the status of their visa.”

The spokeswoman said that migrants who wanted to leave or must leave due to their visa status should contact their Embassy or Consulate if they need financial assistance with flights.

He said the agency continued to prioritize the deportation of those deemed at risk to New Zealand.

“Now we are also getting involved with people who are in New Zealand illegally or who do not meet the conditions of their visa,” the spokeswoman said.

“Our compliance response in these situations, including decisions regarding deportation, takes into consideration the individual’s personal circumstances and any potential risks to New Zealand.”

The UN Refugee Agency defines a refugee as “someone who cannot or does not want to return to their country of origin due to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a social group in particular or political opinion, “citing the 1951 Refugee Convention.