Citizenship not automatic in foreign adoptions

By MARTIN JOHNSTON

Children adopted from overseas by New Zealand citizens do not necessarily have an automatic legal right to live here, immigration lawyers say.

Mele Tuilotolava and Olinda Woodroffe were speaking yesterday after the Herald revealed that the Immigration Service was foiled in a bid to expel a 10-year-old Western Samoan girl and her 21-year-old cousin.

Immigration Minister Lianne Dalziel said last night that she had asked for an investigation and was checking whether correct procedures were followed.

She said the Immigration Service had no authority to remove children without the involvement of a responsible adult. The removal order was served on the 21-year-old, Seneuefa Tilo, because the service understood that the child was her dependant.

The adoption of Cristine Tilo, now aged 10, was authorised by the Magistrate's Court in Samoa in 1991. Her parents, who live in Hamilton, became New Zealand citizens in 1996, but she lived in Samoa until last June.

A last-minute interim injunction stopped the pair from being deported to Samoa.

The Immigration Service - whose officer was shown the adoption order during the Friday morning raid involving police - withdrew its removal orders against the pair after the injunction.

Their lawyer, Alex Hope, acknowledges that they are overstayers, but said Immigration acted in a "cruel and heartless" way by taking Cristine from her adoptive parents and not making or verifying arrangements for her care in Samoa, where she had no close family.

He was preparing applications yesterday to renew Cristine's expired student's permit and her cousin's expired visitor's permit and, assuming they were granted, would later file residency applications.

He said it appeared Cristine's permit had expired after her parents had not completed an extension application after a request for a medical certificate.

Ms Tuilotolava said that when adoptive parents were granted citizenship they should apply to Internal Affairs for a New Zealand birth certificate for a child adopted overseas.

"If that hasn't been done, Internal Affairs won't grant citizenship [to the child]."

But when adoption orders were granted here for children born overseas, the law stated that they automatically took on the New Zealand citizenship of the parents, she said.

Before granting citizenship, Internal Affairs had to be satisfied that applicants were here legally.

"They won't grant citizenship if you are an overstayer."

The National Party said Lianne Dalziel must take responsibility for the "inhuman" eviction of a girl from her home for deportation.

"The minister assured New Zealand after the deportation of the Mila family that the Immigration Service would cease heartless dawn raids. This raid was mid-morning but it was still unjustified," said National immigration spokeswoman Marie Hasler.

The Milas were overstayers who were deported by mistake to the Philippines last October. The service brought them straight back and apologised, after it found family members had appealed to the Removal Review Authority to stay and therefore could not legally be removed.