New Zealand woman granted MIQ status after legal proceedings

A pregnant woman has been given a place in MIQ, after which legal action has been initiated against the Minister of Health and the Ministry of Business, Innovation and Employment.

Bergen Graham was trying to reach New Zealand from El Salvador via the United States.

Graham was living with her husband Oscar in her home country of El Salvador when she became pregnant in February.

He applied for a New Zealand visa directly, but it was approved by June, and he could not get a MIQ spot through the voucher system. As Bergen’s El Salvador visa was about to expire, the couple began their journey home without MIQ and are in the United States.

Bergen’s pregnancy is considered more risky. Three separate experts have provided letters confirming this and say that due to the condition of the blood, it needs medication and expert supervision.

Bergen Graham and husband Oscar.

Bergen Graham and husband Oscar.
Image: Provided

His lawyer, Francis Joychild QC, said. Checkpoint Graham filed six applications for MIQ space online and three complaints.

It was filed in the High Court on Monday but was presented with a MIQ voucher 24 hours after the legal proceedings began.

“He received the voucher yesterday and we filed a notice to close the legal claim today. It was part of the settlement.”

Joe Child says legal action on MIQ bookings will continue with others.

She says how the MIQ system is working at the moment is a violation of section 18 of the Bill of Rights Act.

“Basically we understand that the system is broken and we have argued that the online system is not a priority for New Zealand citizens and it will not change with the new portal management. New Zealand, including its Our citizens will have to compete together for very limited space in the online system.

She says the government’s standard for emergency allotment is “extremely high”.

“You may be in dire need of getting home, even for immediate medical treatment and there is no guarantee that you will be given a place,” he said.

He said that with the suspension on MIQ booking at present, there is currently no way for any citizen to come to the country.

Among other things, the claim claims that there are insufficient MIQ facilities for New Zealand citizens, including those with ring fences for emergencies.

At a time when the government was decimating New Zealanders, including Graham, Joe Child says he wanted to make room for MIQ for a large number of foreign athletes and staff for the Mountain Motorcycle Festival. Is.

Speaking of the MIQ system, Chris Fafui said. Checkpoint The resurgence of cases during the Delta eruption has put enormous pressure on the system.

Fafui says that as soon as the government succeeds in filling the vacancies, it will happen.

“It’s a bit of a Tetris game.”

He says no group bookings have been fixed since the Delta eruption began and the government is constantly reviewing future group bookings and balancing them with current needs.

Graham’s judicial review is likely to be taken by other claimants when he was given an MIQ emergency in the eleventh hour.

Ground Kiwis – a group of New Zealand expatriates – is urging the government to reform its MIQ booking system.

London-based lawyer and New Zealand’s Alexandra Burt is part of the group. “The system needs to change, and if it has to go to court, it should,” he said.

It is estimated that there may be hundreds of people who will take further legal action according to their profile.


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