Soane Foliaki still hopes NZ will give migrants a fair go

A Tongan RSE worker, whose case sparked an independent review of Immigration New Zealand's 'out of hours compliance visit' practices, is still on edge.

Pacific community members have compared the actions to the infamous 'dawn raids.'

Keni Malie's lawyer, Soane Foliaki said that his client's case should have ended such exercises.

However, the Ministry of Business, Innovation and Employment's (MBIE) Immigration Compliance & Investigations team has only temporarily suspended 'out-of-hours compliance visits' to residential addresses.

"At least until this work is completed," MBIE Immigration Investigations and Compliance General Manager Steve Watson said.

He said the visits will not resume until new standard operating procedures come into effect and staff have been fully trained in the new procedures.

It is uncertain how these new procedures will be different, and what this will mean for migrant workers.

In the early hours on the 19th of April this year immigration officials showed up at Keni Malie's residence and detained him in front of his wife and children he was then taken away and shortly after served with a deportation order.

"Four children were in the house, with three sleeping downstairs and at least one woken up by the activity," Independent review states.

Malie's lawyer broke the story to the media, out of desperation. The story gained traction and following a public outcry immigration New Zealand admitted this was not a one-off incident.

Keni Malie has since been granted a temporary visa while he and his lawyer work though his residency application but he said he is still nervous about it.

Malie explained in Tongan, as his lawyer translated:

"The hardest thing for me was trying to make sure that I can put a loaf of bread on the table for my children. I hope for the day that I can feel secure and get residence," Malie said.

Immigration New Zealand has confirmed it has been conducting out of hours compliance visits otherwise known as 'Dawn Raids' for the past eight years.

Figures released under the Official Information Act show Pacific community members were the third highest after Indian and Chinese nationals of the total number of people located, between July first 2015 and May second 2023.

Out of 95 out of hours compliance visits, which in some cases multiple people were found, 51 were Chinese, 25 Indian and 17 Pacific.

There was one from the USA and one person from Great Britain on the list.