A grandmother who has been living in New Zealand with her family for the past three years has been told she must return to Chile. Photo / 123rf
A grandmother who has been living in New Zealand with her family for the past three years has been told she must return to Chile. Photo / 123rf
A Chilean grandmother with ailing health has been living in New Zealand unlawfully for the past year but is now being forced out and will leave behind the only family she has.
The 60-year-old woman launched a humanitarian appeal with the Immigration and Protection Tribunal against her liability for deportation, which arose after her visa expired and she continued to live in the country.
In its recently released decision declining the appeal, the tribunal set out how the woman found herself living in New Zealand and why she would have to return to South America to live alone.
The authority heard the woman’s daughter moved to New Zealand with her husband and their two now-adult sons from Chile in 2007. They hold permanent residence status in New Zealand.
“The family cannot relocate to Chile because they are immersed in New Zealand life and the sons have lived all of their formative lives here,” the decision said.
About 10 years after their move, the daughter and her husband had a third child, a girl who is a New Zealand citizen.
The grandmother, who was born and lived in Santiago all her life, made trips from Chile to New Zealand in 2012, 2016, and 2017 to spend time with the family.
Her most recent arrival was in March 2020 as the holder of a one-year visitor visa. Throughout the Covid-19 pandemic, it was renewed automatically until it expired in January 2022. Since that time, she has been in New Zealand unlawfully and liable for deportation.
She is now retired and receives a Chilean pension as well as some financial assistance from her daughter.
In her appeal to remain in New Zealand, the woman, who has no other relatives, told the tribunal her daughter had suffered post-natal depression following the birth of the now 5-year-old girl.
The woman appealed to the Immigration and Protection Tribunal New Zealand. Photo / 123rf
The grandmother’s arrival made “a real difference” to her daughter’s recovery.
It was submitted that if the woman has to leave New Zealand, the daughter may not be able to cope and her health may deteriorate.
The woman had also formed a close bond with her granddaughter and it was submitted that her departure would be distressing for the young girl and would not be in her best interests.
Other grounds on which the appeal was advanced included that the woman suffered diabetes mellitus, hypertension, depression, and colonic polyps.
It was submitted she needed regular monitoring and health checks and that she would receive better medical care in New Zealand.
She also argued the prevalence of general violence and criminality in Chile put her at an unacceptable risk of being the victim of crime if she was to return, and that she would be alone and without family support.
“The appellant relies on her New Zealand-based family for emotional support and it would be heartbreaking if she had to return to Chile and face a life alone.
“[She] says that she would have no one to help her in an emergency, should one arise.”
Among the evidence provided to the tribunal in support of the woman’s appeal were letters from her family, medical professionals, and her granddaughter’s schoolteacher.
After considering the submissions and documents provided, the tribunal found there were no exceptional circumstances of a humanitarian nature and declined the appeal.
It was not satisfied the best interests of the granddaughter were so compelling they reached the threshold of being exceptional circumstances, nor were the mental health concerns of the woman’s daughter.
In regards to the woman’s situation in Chile, the tribunal found it was “unlikely” she would be entirely without a social network given she had lived there her entire life and she had the ability to make friends while in New Zealand.
It also found there was no reason her medical issues could not be addressed in Chile, nor was she at heightened risk of being a victim of crime when she returned home.
The tribunal ordered the woman to be granted a visitor visa for three months so she can get her affairs in order before she departs.
As long as she leaves New Zealand before the expiry of the visa, she will not be deemed to be deported and her future travel would not be adversely affected, it said.
“The tribunal accepts that the appellant and her family will be deeply disappointed that the appellant cannot remain permanently in New Zealand.”
However, the tribunal said distress and disappointment were “not out of the ordinary or uncommon” enough to warrant the woman staying.
