Education system leaves overstayers in the cold

Published: 6:26PM Monday June 29, 2009 Source: ONE News

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The Human Rights Commission is demanding action from the government over the treatment of overstayer children.

It is estimated more than 1,100 Pacific Island children in New Zealand are prevented from attending school, despite the country having signed up to a United Nations treaty promising they can.

Faceless and voiceless, they are the victims of their parents' decision to overstay their welcome.

"It is absolutely not acceptable," says Human Rights Commission chief Rosslyn Noonan. "We should not and cannot justify denying them a basic education, without which they have no future".

Fifteen-year-old Lani has not been to school since his parents' work permit ran out five years ago.

"It's horrible not being able to learn anything, not able to have friends", he says.

"You just stay home and do nothing. [It's] pretty boring".

New Zealand has signed the UN convention on the rights of the child, and cabinet acknowledged two years ago that there had been a fundamental breach of those rights and that all children should have a right to free education.

"We thought the problem was solved but it seems the bureaucratic hurdles that have been put in place to implement that policy have virtually undermined it", Noonan says.

While immigration reviews a parents right to stay here, they can apply for a visa which means their children can go to school. That visa does not guarantee an education, however.

Some primary school principals ONE News spoke to say that while they know they're obligated to accept these children they don't. That's because it's only a three month visa, and often results in an immigration nightmare with massive delays.

A school can find itself in hot water if it's caught with an overstayer child on its roll, with the principal's head usually going on the line.

"It's just frustrating. Its quite difficult our hands are very much tied", says Vaughn Couillault, associate principal of Papatoetoe High, which deals with the changing immigration status of up to fifteen students a month.

They want a clearer and quicker immigration system to deal with overstayer children.

"I would challenge this government ... on any level that we debate this issue because doing nothing is absolutely immoral and doing nothing is absolutely criminal," says Papatoetoe High board of trustees member Ben Taufua.

Immigration minister Jonathan Coleman declined an interview, saying he was too busy. However last week he said he didn't think it was an issue.

"I very much doubt the schools in New Zealand check the immigration status of every child who rocks up", Coleman says.

That doesn't help children like Lani, who have no illusions about their future.

"I'd really like to be a builder", he says. Big dreams for a boy who has spent his childhood behind closed doors.

Late on Monday afetrnoon, Immigration Minister Jonathan Coleman contacted ONE News, saying a new immigration bill later this year will allow the children of overstayers to go to school.

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