A Kenyan woman who faced deportation when she was abandoned by her husband after he physically abused her has been allowed to stay in Southland.
Hafswa Hemed received news on Tuesday she was eligible for a working visa that would allow her to remain in the country after her husband was convicted of assault and left her last year.
Immigration laws state an independent migrant must earn $33,675 to hold a work visa, but Ms Hemed’s single income is below the threshold and because she supports three children, aged between 9 months and 14, she was not eligible to stay.
However, an overlooked regulation that exempts her from the threshold was discovered this week. Southland Community Law Centre case worker Shane Robinson said Ms Hemed was able to get a visa because she held one in the past and while she did not meet the financial criteria, that was enough to satisfy immigration.
“Lawyers up and down the country had missed it, then it was like a lightbulb moment,” Mr Robinson said. If Ms Hemed had not attained a visa by February 3, then she would have been deported to Kenya, where she would have faced worse abuse, he said.
Migrant advocates were worried Ms Hemed’s situation would deter other migrant women from reporting domestic abuse, but are elated at the news.
Women’s Refuge services co-ordinator Cathy Robertson said her case showed that all women should speak out against domestic violence. “As hard as it is, it is just important to report any sort of domestic violence that may be going on – if you don’t speak out it may get worse or even fatal,” she said.
Ms Hemed said she was so delighted she felt like she was going to scream.”I am so happy, all my friends are so happy. Every time I woke up I was counting down the days (until) I would be taken away, (but) now I don’t have to.”
Source: The Southland Times
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