Woman faces boot despite NZ family

Charlaine Hodgson was held in custody for two weeks. Photo / Natalie Slade

An Englishwoman whose family has permanent residence faces deportation because her natural father - whom she has never met - did not sign forms for her residency.

Charlaine Hodgson, a 26-year-old former bar manager in Hamilton, was arrested in May while making a police report about a fight and was detained in custody for about two weeks.

Immigration New Zealand said she had been here unlawfully since 2001 and issued a deportation order.

However, she moved to New Zealand aged 13 with her two half-siblings and mother Sandra in 1998 after her mother married Simon Woodward, who is a New Zealand citizen.

All obtained New Zealand permanent residence except Miss Hodgson, because they could not produce a letter of consent from her biological father - who never married her mother and whom she has never met - allowing her to live in New Zealand.

The matter will be heard in the High Court at Auckland on Friday.

Immigration NZ said Ms Hodgson's rights of appeal had been exhausted.

"A person who is liable for deportation is liable for monitoring and detention. They may be arrested and detained by police for a period of up to 96 hours," said Nigel Bickle, head of Immigration NZ.

"If the person cannot be deported within this time, an immigration officer may apply to a district court for a warrant of commitment for up to 28 days, to detain the person further in a penal institution."

Mr Bickle said he was unable to comment further on Miss Hodgson's case because it was before the courts.

Meanwhile, Miss Hodgson's lawyer, Evgeny Orlov, has lodged a request for special direction from the Immigration Minister to allow her to continue living with her family here.

"This is the only country she knows. She grew up here. She is in fact a Kiwi. It now appears that our own Government is deporting Kiwis from New Zealand," Mr Orlov wrote.

"She came here with her family. She was a child and she had absolutely no fault in relation to what has occurred.

"The only reason she was not given residence was because her biological father, whom she did not know and whom she had never met and who had not even commenced a relationship with her or her mother, except having conceived her, could not be located to give his consent."

A letter from the family's lawyer in Britain, Gamlins Storrar Cowdry, addressed to the New Zealand High Commissioner in London, written in 1994 before their move to New Zealand explained: "Under the laws of England and Wales, there is no requirement for our client to obtain the consent of any person to Charlaine's being removed from the jurisdiction.

"No parental responsibility agreement or order has been made in respect of Charlaine's natural father."

An Immigration spokesman said the review of Miss Hodgson's appeal will be carried out by Associate Immigration Minister Kate Wilkinson.