Auckland man gains residency despite never filing application

Friday, 14 December 2018

A man has avoided deportation by gaining residency, even though he never applied for it.

London-born Tyrone Cooke had been awaiting for Ministerial intervention on his declined work visa application since July 2018.

On December 7, Immigration New Zealand (INZ) told Stuff that Cooke had never officially applied for residency and would be notified of the outcome to his work visa intervention later that afternoon.

In a sudden twist of fate, Cooke received an email less than an hour later, saying residence was being granted following 'careful consideration of your representations'.

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The announcement followed a series of emails sent over the past year in which the 41-year-old pleaded with INZ to let him stay, saying deportation would 'destroy' his son.

But although Cooke begged for residency in his correspondence, INZ manager Michael Carley told Stuff that he was in New Zealand unlawfully and had not lodged an application.

'We expect a decision on the request to be made prior to Christmas,' Carley said in relation to the work visa intervention.

Later that afternoon, delegated decision maker Steve Cantlon sent Cooke an email granting him residency. 

'I have made this decision based on the information provided to me,' the letter said.

Cooke had contacted Stuff with his case following Karel Sroubek's controversial residency approval in October.

After arriving in New Zealand in 2010 on a partnership visa, he'd hoped to start a new life with his then-partner.

They've since split, but Cooke wanted to stay in New Zealand so he could be close to his son.

'When I was a child, my father was never around so when I had my son, I promised myself that I would be the best dad ever,' Cooke said.

Although he received a job offer as a builder last year, his visa application was declined because INZ was not satisfied his employment was genuine and sustainable.

Cooke had lodged his work visa application under the essential skills policy.

His residence has been granted under section 61 of the Immigration Act 2009, subject to him meeting the health and character requirements of residence, the letter from INZ said.