A foreign national stranded in the Cook Islands says she is willing to be detained if it satisfies authorities that she has no intention other than to return home.
The 49-year-old has been stuck in Rarotonga because she has not been able to transit through Australia and New Zealand.
Her immigration status in the Cook Islands is now that of an overstayer, however, Cook Islands Immigration cannot do anything unless Australia or New Zealand grants a transit visa.
While Immigration New Zealand (INZ) has stated that it does not believe the stranded woman intends to transit, the Australian Department of Home Affairs said it cannot comment on individual cases.
"All non-citizens who wish to travel to, enter or remain in Australia must satisfy the requirements of the Migration Act 1958 (the Act) and the Migration Regulations 1994, including identity, health, character and security requirements," a department spokesperson told Cook Islands News.
"All non-citizens applying for visas to enter Australia are considered on an individual basis and against legal requirements set out in Australia's migration legislation. This includes requirements that all applicants undertake and meet (where relevant) health, character, and security checks.
"To be eligible, travellers must be outside Australia, be transiting through Australia with onward travel within 72 hours, or be joining the crew of an eligible ship and sign on within five days of arrival."
The Cook Islands Immigration office in Avarua.
Cook Islands News / ISTOCK
The Sri Lankan national left her country after her husband was killed. She worked in Hong Kong for almost a year before being granted a work visa in New Zealand in March 2023. Whilst working, she applied for an asylum visa.
The woman claimed that while her visa was being processed, she was told by the lawyer helping her out that she needed to leave New Zealand and return later.
Email correspondence sighted by Cook Islands News showed that the woman used an immigration company called Immigration and Secretarial Services to obtain a New Zealand work permit and then apply for asylum.
The woman claimed that she had paid close to $20,000 for their services. Emailed questions sent to Sylviane Gallant, the director of the company, remain unanswered.
Gallant, in her response to the woman in February 2024, advised her that she had done all she could and it was now in the hands of Immigration New Zealand. She asks her to seek the help of a lawyer and says that taking her issue to a newspaper was her best bet.
"We received an email from the Resolutions Analyst in relation to the requested ministerial intervention advising that they are preparing it to be considered and will be in touch if they require anything further. Hopefully, we will have a response soon," Gallant told the woman in February 2024.
"I also called Immigration New Zealand on the progress of your Variation of Travel Conditions and they advised that it has been assigned to an Immigration Officer today and is currently going through a quality check, so it is also hopeful that we will get some news soon."
The email correspondence also shows that former NZ Associate Minister for Immigration Chris Penk was asked to help.
Penk's office replied: "On behalf of Hon Chris Penk, thank you for your email and request. As Hon Penk no longer holds Ministerial portfolios, this is best placed with the current Associate Minister of Immigration, Hon Cameron Brewer. We understand that you have been in contact with his office already and that they will respond in due course."
The current Associate Minister for Immigration Cameron Brewer was also asked if his office was aware of the woman's plight.
"Consistent with my established policy, I will not comment on the specific details of individual cases or the considerations that informed my decision. This approach is maintained to uphold the privacy rights of all individuals involved," replied Brewster through his press secretary Hamish Ross.
"In general, decisions about whether to provide any further explanation are considered on a case-by-case basis, having regard to legal and privacy considerations, as well as the nature of the request."
The woman has remained in the Cook Islands since 2023 and is currently dependent on family support. She does not have a valid visa to stay in the Cook Islands, but because of her inability to depart, she remains stuck.
She told Cook Islands News earlier that she even explored leaving through Tahiti, but that option was also denied.
She said if she could leave on a ship, she was willing to do that, given proper procedures were followed for her departure.