Ref: 2223-2877

 

Kia ora Aulia Sastra Hidayat,

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 9 June 2023 requesting under the Official
Information Act 1982 (the Act), the following:

“I am writing to you under the Official Information Act 1982 to seek
clarification on the considerations and factors that Immigration New
Zealand considers when processing One-Off Resident Visas for individuals
who identify as LGBTQ+ and come from countries experiencing an increase in
hate crimes against queer people.

 

1. Could you please explain why being a member of the LGBTQ+ community
from a country with a documented rise in hate crimes towards queer
individuals does not align with the humanitarian factors considered in the
processing of One-Off Resident Visas?

 

2. What specific criteria or guidelines does Immigration New Zealand
follow to assess whether an applicant's background matches the
humanitarian factors necessary for expediting the processing of their
One-Off Resident Visa?

 

In a recent email correspondence with the Ministry of Business, Innovation
and Employment (MBIE), I was informed that my background, a gay man from a
country that is experiencing an increase in hate crimes against LGBTQ+,
does not meet the humanitarian factors required to accelerate the
processing of my One-Off Resident Visa application. That is why I am
genuinely confused and seek clarification.”

Your request is being processed in accordance with the Act and a response
will be sent to you in due course. If you have any enquiries regarding
your request feel free to contact us via email [1][MBIE request email] or
using the contact details below.

 

Nâku noa, nâ

Ministerial Services

 

Ngâ Pou o te Taumaru

Ministry of Business, Innovation & Employment

15 Stout Street, Wellington 6011 |  PO Box 1473 Wellington 6140

 

References

Visible links
1. mailto:[MBIE request email]

Tçnâ koe Aulia

 

Thank you for your email of 9 June 2023 to the Ministry of Business,
Innovation and Employment (MBIE) requesting the following:

 

“I am writing to you under the Official Information Act 1982 to seek
clarification on the considerations and factors that Immigration New
Zealand considers when processing One-Off Resident Visas for individuals
who identify as LGBTQ+ and come from countries experiencing an increase in
hate crimes against queer people.

 

1. Could you please explain why being a member of the LGBTQ+ community
from a country with a documented rise in hate crimes towards queer
individuals does not align with the humanitarian factors considered in the
processing of One-Off Resident Visas?

 

2. What specific criteria or guidelines does Immigration New Zealand
follow to assess whether an applicant's background matches the
humanitarian factors necessary for expediting the processing of their
One-Off Resident Visa?

 

In a recent email correspondence with the Ministry of Business, Innovation
and Employment (MBIE), I was informed that my background, a gay man from a
country that is experiencing an increase in hate crimes against LGBTQ+,
does not meet the humanitarian factors required to accelerate the
processing of my One-Off Resident Visa application. That is why I am
genuinely confused and seek clarification.”

 

Please note that the questions you have asked in the above do not meet the
criteria as a request for official information. We are therefore
responding to your request as a general correspondence. 

                                                                                                                                                               

Response to Question 1:

If the partner of a 2021 Resident Visa applicant in New Zealand, remains
located in their home country and is being subjected to or is a documented
victim of hate crimes and is in a physical unsafe situation, Immigration
New Zealand (INZ) would consider this as a humanitarian factor in the
prioritisation of the allocation and processing of an application.

 

If a 2021 Resident Visa applicant themselves is located in their home
country, and is in a physically unsafe situation and has been subjected to
or is a documented victim of hate crimes, the applicant can travel back to
New Zealand whenever they wish as they will hold a valid temporary entry
visa with travel conditions. 

 

Response to Question 2:

If a 2021 Resident Visa applicant is located in New Zealand, it is not
believed that their level of safety from hate crimes within New Zealand,
would be enhanced by their transition from a temporary visa to a resident
visa. It is noted that INZ allocated your 2021 Resident Visa application
as per the standard allocation process and it was approved on 13 June
2023.

 

I hope this has addressed your questions.

 

Ngâ mihi,

Lino

 

Business Management Team, Enablement

Immigration New Zealand

Ministry of Business, Innovation & Employment - Hîkina Whakatutuki

Level 1, 15 Stout Street, Wellington 6011 |PO Box 1473, Wellington 6140,
New Zealand

 

NZBN 9429000106078