Jail for au pair “not proportionate”

Immigration New Zealand have said they were correct denying an Australian au pair entry into New Zealand but have apologised and admitted that putting her in jail was a consequence that was “not proportionate”.

ODT: Apology to au pair from Immigration

Immigration New Zealand has apologised to the French au pair put in a Queenstown police cell for the night late last year and then deported because of concerns she might babysit while on holiday with her Australian employers and their two young children.

Manon Pache (18) has forwarded to the Otago Daily Times an email she received on Friday from Senta Jehle, the department’s national manager border compliance, risk and intelligence services.

In it, Ms Jehle said the decision to refuse Ms Pache entry because she intended to work for Dr Pip and Paul Johnston was correct.

However, having personally reviewed the case, Ms Jehle said “while the decision was correct and followed Immigration NZ instructions, the consequences for you of Immigration NZ’s decision were not proportionate”.

“In normal situations when a person is refused entry into New Zealand, their visa-free status is revoked, but in your case I have directed Immigration NZ border operations to lift the suspension of your ability to travel to New Zealand visa free.

“Please accept my apologies on behalf of Immigration NZ for the stress and inconvenience this has caused you and the Johnston family,” Ms Jehle said.

Pache said that the apology has helped her get over the incident.

“I hope that other nannies will be careful now.

“I am still angry about this officer, that pushed me out of this beautiful New Zealand because I was being honest.

“Maybe he likes the liars.”

Ms Pache said she was likely to try again to visit New Zealand.

Ms Jehle also told Ms Pache Immigration NZ was reviewing its border operations “settings and responses”, including custodial arrangements for people refused entry at airports where it had no accommodation for people waiting for their return flight.

“We understand that being held in police custody is an overly severe consequence given your circumstances.

Jail does seem to be a severe and over the top consequence.

 

 

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22 Comments

  1. Alan Wilkinson

     /  14th March 2016

    Why on earth can’t the idiots just issue a limited work permit if they decide it is necessary and in trivial circumstances like this?

    Reply
    • Surely short term child care is best done by someone known to the family and children, rather than employ a stranger in a strange country.

      Reply
      • Gezza

         /  14th March 2016

        She’s an au pair for the family. She was only here for a week. The parents were giving her a free holiday during which she might do some child-minding but otherwise she was part of their family group. I agree with Alan. If there was any doubt whether she qualified for a tourist visa they should’ve just given her a short-term specific purpose work visa. She was hardly likely to be doing a New Zealander out of a job.

        Reply
      • Jeeves

         /  14th March 2016

        Surely its best done by the parents.

        Reply
        • Gezza

           /  14th March 2016

          They offered the young lady the choice of staying in Australia or coming with them. They were just being nice to her for god’s sake. Who knew she was going to run into some overzealous asshole official at our border.

          Reply
    • “Why on earth . . . ?” Because ‘trivial circumstances”, “common sense” and “justice” are whispy creatures, rock solid bastions or barking dogs subject to the whims, moments and moods of human nature.

      The law is the law, rules are rules, judges should have no room to exercise judgement mob might even ask whether circumstances can be “trivial” or “major” that circumstances mean the situation is simply in or outside the rules or laws.

      Reply
      • Rubbish. Judgement is what makes a country liveable and successful, not fools with rules.

        Reply
        • I don’t disagree with that. Go on to blog sites and see what happens when a judge uses judgement and common sense, weighs what’s ‘proportionate’ and heaven forbid, shows wisdom.

          If we want judgement to be used to make this country liveable and successful it can’t be the movable feast some want it to be. It’s all right to to holler stupid!stupid!stupid! in a case like this but you can’t then turn around chanting about having some absolute letter of the law because someone you disagree with has made a ruling you don’t agree with.
          (Not personal to you of course.)

          Reply
  2. Brown

     /  14th March 2016

    I wonder if I’m missing something. An Aussi family bring their bay sitter with them on holiday to do what she does every day and somehow she’s not allowed to baby sit her employer’s kids? Are the immigration people as stupid as they appear to be?

    Reply
    • Alan Wilkinson

       /  14th March 2016

      Yes. Absolutely.

      Reply
      • Patzcuaro

         /  14th March 2016

        I don’t regarded it as stupidity, more the rigid application of the law (tunnel vision) without regard for he big picture.

        You would have thought that there would have been a supervisor there who had some discretion in the matter. A systems failure rather than stupidity.

        Sounds like the grandparents were lucky to get in as well, they were going to child minding too.

        Reply
        • Brown

           /  14th March 2016

          Nah ,no excuse. Stupid is as stupid does. We have obviously engaged a bunch of morons to greet tourists at airports. I recall getting a once over from a bloody surly Somali officer at Wellington last time I came back in from Oz.

          Reply
          • Klik Bate

             /  14th March 2016

            But it’s fun watching their chests puff out when you call them ‘Sir’ …..especially if you make it sound like you mean it 😀

            Reply
      • Nelly Smickers

         /  14th March 2016

        My hubby reckons they are beyond ‘stupid’.

        He sez when you review the actual details of this case, you come to the conclusion they are nothing more than total bloody retards!

        Reply
    • Jeeves

       /  15th March 2016

      No- a paid employee goes overseas to work for their employer and fails to complete the necessary paperwork…

      Of course I don’t believe this-the whole thing is the usual bullshit….. but it would make a welcome change to see some of the more right winged authoritarians in here occasionally drag out their compassion from time to time when the subjects of coldly delivered ‘laws’ are ordinary people trying to make ends meet as best they can, and not the rarified example of indulgence we have here.

      Reply
  3. Oliver

     /  14th March 2016

    She’s French. That’s the only reason I need to keep her out of NZ. Judging by her response she was a typical arrogant frenchie.

    Reply
    • Gezza

       /  14th March 2016

      Shaddup and eat your croissants.

      Reply
    • Alan Wilkinson

       /  14th March 2016

      Oliver, when you make comments like that you can’t complain if you get regarded as the village idiot. You do realize that?

      Reply
    • Joe Bloggs

       /  14th March 2016

      Another patronising totalising discursive serve from Oliver, our resident keyboard Ninja Warrior.

      Reply
    • Oliver

       /  14th March 2016

      Our only terrorist attack was orchestrated by the French so we should always treat the French with suspicion.

      Reply
    • Robby

       /  14th March 2016

      Interesting you should say that Oliver, you might actually be on to something.
      When a couple of ex-pats I know came home for a holiday recently, they invited their nanny along, if she wanted to come, and she did on a visitors permit. No drama from immigration whatsoever. She wasn’t french though……….

      Reply

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