Sunday, November 28

A New Zealand woman received a place at MIQ after initiating legal action

A pregnant woman has been granted a space in the MIQ after initiating a legal action against the Ministry of Health and the Ministry of Business, Innovation and Employment.

Bergen Graham had been trying to get to New Zealand from El Salvador via the United States.

Graham was living with her husband Oscar in their native El Salvador when she became pregnant in February.

He immediately applied for a New Zealand visa, but it was June when it was approved and they were unable to obtain MIQ places through the voucher system. When the Bergen visa for El Salvador was about to expire, the couple started the trip home with no guaranteed MIQ and they are in the United States.

Bergen’s pregnancy is considered high risk. Three different specialists have provided letters confirming that, saying that due to a blood condition, you need medication and specialized supervision.

Bergen Graham and her husband Oscar.

Bergen Graham and her husband Oscar.
Photo: Supplied

His attorney Francis Joychild QC said Control Graham had submitted six online applications for an MIQ position and filed three complaints.

She presented her in Superior Court on Monday but within 24 hours of the legal action, they offered her proof of MIQ.

“She received the voucher yesterday and today we filed a notice of discontinuation of the legal claim. That was part of the settlement.”

Joychild says legal action on MIQ reserves will continue and others will take it.

She says that the way the MIQ system is currently working is a violation of Section 18 of the Bill of Rights Act.

“Basically we believe the system is broken and we argue that there is no prioritization of New Zealand citizens over anyone else in the online system and that will not change with the new portal layout. The vast majority of people who do not they will get New Zealand, including their own citizens having to compete together for very limited spaces in the online system. “

She says the government’s criteria for the emergency allocation is “extremely high.”

You may have the most urgent need to get home, even for urgent medical treatment, and there is no guarantee that you will be given a space, he said.

With the hiatus in MIQ bookings at the moment, there is currently no way for any citizen to enter the country, he said.

Among other things, the complaint alleges that there are not enough MIQ locations available to New Zealand citizens, including those that are fenced in for emergencies.

At the same time the government was shrinking New Zealanders, including Graham, Joychild says it was handing out a large number of MIQ slots for foreign athletes and staff attending a mountain bike festival, among others.

Speaking of the MIQ system, Kris Faafoi told Checkpoint that the resurgence of cases during the Delta outbreak has put massive pressure on the system.

Faafoi says that as soon as the government can free up space, it will.

“It’s like a tetris game.”

No group reservations have been approved since the start of the Delta outbreak, he says, and the government is constantly reviewing the future group reservations they have committed to and balancing them with current need.

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