S4.15 Residence Category for victims of people trafficking (25/07/2011)

S4.15.1 Objective

The objectives of the residence category for victims of people trafficking are to:

1. enable victims of people trafficking to remain in New Zealand where they cannot return home because they will be endangered, at risk of being re-victimised or at risk of suffering significant social stigma and financial hardship as a result of being trafficked; and
2. recognise New Zealand's international obligations, particularly to:
   1. offer protection and assistance to victims of people trafficking who are likely to be suffering the effects of trauma and abuse; and
   2. enable trafficking offenders to be prosecuted.

S4.15.5 Who is eligible for a resident visa for victims of people trafficking

1. Applicants in New Zealand may be granted a resident visa, if they:
   1. hold a special temporary visa for victims of people trafficking (see WI16, U10.5 and V3.135); and
   2. have certification from the New Zealand Police (the Police) that they are believed to be a victim of people trafficking; and
   3. have certification from the Police that they have not obstructed the police investigation of their trafficking case during the validity of their special temporary visa; and
   4. are unable to return to their home country (see S4.15.10 below); and
   5. meet health and character requirements (see A4 and A5).
2. Despite (a) above, child applicants are exempt from providing a certification from the Police that they have not obstructed the police investigation.

Note:
- A child victim of people trafficking is a person who was under the age of 18 at the time they were identified as a victim of people trafficking.
- A child victim may be in New Zealand unaccompanied, or may be a victim of people trafficking together with their parent(s).

S4.15.10 Evidence of inability to return to the home country

1. Applicants must provide evidence, in the form of documents or information provided at an interview with an immigration officer, that if they returned to their home country they would be:
   1. endangered; or
   2. at risk of being re-victimised; or
   3. at risk of suffering significant social stigma and financial hardship

   as a consequence of being trafficked.

2. INZ may refer to any relevant information when determining an applicant’s ability to return to their home country.

S4.15.15 Making an application

1. Applications must be made in the prescribed manner (see R2.40) but an appropriately delegated immigration officer may waive:
   1. the application fee; and
   2. the requirement to provide police certificates, if these are not available from a particular country.
2. Where police certificates are not available, the applicant must make and provide a separate statutory declaration, in line with instructions at A5.10.1.

S4.15.20 Determination of applications

1. Applications will be determined by immigration officers who have received specialist training on this category.
2. Applications under this category will be given priority processing.
3. Determination of an application by a child applicant should be based on ‘best interest of the child’ considerations. Establishing the ‘best interest of the child’ will be done on a case-by-case basis, with advice from Child Youth and Family.

Effective 25/07/2011