The woman initially traveled to New Zealand in 2023 for a brief visit. However, a month after her arrival, her older sister unexpectedly passed away, prompting the 25-year-old to assume full-time parenting duties for the children, who range in age from 5 to 13.
Despite being the sole family member without permanent residency rights in New Zealand, her initial residency application was denied, leading her to appeal to the Immigration and Protection Tribunal.
Substitute Parenting Role
The tribunal’s decision, which omitted her name, detailed her daily responsibilities. She manages the children’s morning routines, prepares meals, handles household chores, shops for groceries, puts the children to bed, and takes them to church every Sunday.
The principal of the primary school attended by some of the children described her as not only a dedicated caregiver but also an active and valued participant in the school community.
The school further emphasized her critical role in the children’s care and well-being, highlighting her deep commitment and promotion of family values.
The woman’s 24-year-old brother, who supports the family financially, noted that the children regard her as a “second mother.” Tribunal member Matthew Martin acknowledged this perception, stating that the evidence clearly showed her unwavering dedication to raising the children after her sister’s demise.
The youngest child, a New Zealand citizen, is her biological daughter but was adopted by another family member and was under her sister’s care.
The woman’s temporary visa expired in December of the previous year. She applied for residency as a “dependent child” of a New Zealand citizen, but was deemed ineligible due to being a year older than the cutoff and her father residing in Samoa, where he was engaged in church ministry.
The tribunal concluded that Immigration New Zealand had no choice but to reject her application based on their criteria. Her continued stay in New Zealand depended on special approval from the Minister of Immigration, Erica Stanford, under a “special circumstances” exception.
Without any direct path to residency, her only option was to apply under a Samoan quota scheme, a process decided by ballot and not guaranteed to succeed.
The tribunal noted that requiring her to return to Samoa would not be in the best interests of the children or her brother and would significantly disrupt the family’s stability.
Consequently, the tribunal recommended treating her situation as a “special circumstances” case, allowing her to remain in New Zealand.
According to a note in the tribunal’s decision, the minister granted her residency in February.
By Ric Stevens
