3 year old Bulgarian refugee, Anka, about to be deported from NZ #SaveAnka


3 year old Bulgarian refugee, Anka, about to be deported from NZ #SaveAnka
The issue
A Bulgarian family moved to NZ in July 2015. This family consists of three year old Anka, her father, Yakov, and her stepmother, Lidiya. Anka's older sister was hidden in Bulgaria from Yakov in March 2015.
They moved because Anka was "thrown like a rag" by her biological mother and Lidiya was threatened with firearms by a Bulgarian organised crime group that has connections to the biological mother. They applied for 'refugee status' in New Zealand, however, this was unjustifiably declined. The family appealed against this decision at the Immigration and Protection Tribunal (IPT). The IPT confirmed the appeal on 15 February 2016. A hearing will occur in the next few months.
As the biological mother is the legal custodian, Anka is considered to have been "abducted." The biological mother applied to invoke the provisions of the NZ Care of Children Act 2004 (COCA). The case was before the North Shore Family Court where the Judge ruled that Anka be returned to Bulgaria. The father appealed to the High Court, who again ruled against the father on 9 February 2016.
On 19 Feburary 2016, Anka was taken by Child, Youth and Family (CYFs) in accordance with a court order. Before being driven by Police to an undisclosed location, Yakov tried to explain the situation to Anka who replied "If I pretend to sleep, they'll go away." Anka's current whereabouts and date of deportation back to Bulgaria are unknown.
This is unchartered territory for New Zealand as there has never been a case similar to this. Lawyers and judges were therefore unsure of how to approach this unprecedented situation, which can be seen from the judgments. It deserves to be reconsidered with more input and sensitivity.
A summary of the High Court judgment:
- Yakov argued that Anka's deportation would place her in grave danger, exposing her to physical and psychological harm due to her unstable biological mother.
- Evidence submitted to the court included the biological mother threatening to attack the family with acid, flourishing a knife in front of the family and throwing Anka. Yakov has a temporary protection order against her.
- Yakov argued that the child should stay in New Zealand with the family while the IPT appeal is pending. This would prevent breaching the Convention Relating to the Status of Refugees.
- The Family Court Judge was satisfied that the "Bulgarian justice system provided for the best interests" of Anka. However, the European Union has ranked the Bulgarian justice system as the most corrupt jurisdiction system. Their report reads that "slow progress in tackling high-level corruption and organised crime cases continues to erode public confidence in the ability of the Bulgarian authorities to deliver justice."
Anka's welfare is in extreme danger if she is deported. She is now likely to suffer from short and long term psychological effects such as separation anxiety disorder amongst many others.
We urge the NZ Minister of Justice, Amy Adams, to intervene in this blatant breach of Anka's human rights and to let her stay in New Zealand with her family. Without immediate help, Anka will likely never see her father again.
We are urgently in need of a lawyer specialising in immigration law, international law and/or criminal law. The previous lawyer is not willing to further appeal the case as he believes the Bulgarian justice system should deal with it. He even told Lidiya "You are a woman, you don't understand this."
Anka is not a piece of paper to sign off. She is a defenceless child. Let's change this now.
#SaveAnka
Please note that names are pseudonyms in order to protect the family. We welcome any and all media coverage supporting this campaign. If you would like to get in contact with us for any reason at all, please email saveanka@gmail.com
The issue
A Bulgarian family moved to NZ in July 2015. This family consists of three year old Anka, her father, Yakov, and her stepmother, Lidiya. Anka's older sister was hidden in Bulgaria from Yakov in March 2015.
They moved because Anka was "thrown like a rag" by her biological mother and Lidiya was threatened with firearms by a Bulgarian organised crime group that has connections to the biological mother. They applied for 'refugee status' in New Zealand, however, this was unjustifiably declined. The family appealed against this decision at the Immigration and Protection Tribunal (IPT). The IPT confirmed the appeal on 15 February 2016. A hearing will occur in the next few months.
As the biological mother is the legal custodian, Anka is considered to have been "abducted." The biological mother applied to invoke the provisions of the NZ Care of Children Act 2004 (COCA). The case was before the North Shore Family Court where the Judge ruled that Anka be returned to Bulgaria. The father appealed to the High Court, who again ruled against the father on 9 February 2016.
On 19 Feburary 2016, Anka was taken by Child, Youth and Family (CYFs) in accordance with a court order. Before being driven by Police to an undisclosed location, Yakov tried to explain the situation to Anka who replied "If I pretend to sleep, they'll go away." Anka's current whereabouts and date of deportation back to Bulgaria are unknown.
This is unchartered territory for New Zealand as there has never been a case similar to this. Lawyers and judges were therefore unsure of how to approach this unprecedented situation, which can be seen from the judgments. It deserves to be reconsidered with more input and sensitivity.
A summary of the High Court judgment:
- Yakov argued that Anka's deportation would place her in grave danger, exposing her to physical and psychological harm due to her unstable biological mother.
- Evidence submitted to the court included the biological mother threatening to attack the family with acid, flourishing a knife in front of the family and throwing Anka. Yakov has a temporary protection order against her.
- Yakov argued that the child should stay in New Zealand with the family while the IPT appeal is pending. This would prevent breaching the Convention Relating to the Status of Refugees.
- The Family Court Judge was satisfied that the "Bulgarian justice system provided for the best interests" of Anka. However, the European Union has ranked the Bulgarian justice system as the most corrupt jurisdiction system. Their report reads that "slow progress in tackling high-level corruption and organised crime cases continues to erode public confidence in the ability of the Bulgarian authorities to deliver justice."
Anka's welfare is in extreme danger if she is deported. She is now likely to suffer from short and long term psychological effects such as separation anxiety disorder amongst many others.
We urge the NZ Minister of Justice, Amy Adams, to intervene in this blatant breach of Anka's human rights and to let her stay in New Zealand with her family. Without immediate help, Anka will likely never see her father again.
We are urgently in need of a lawyer specialising in immigration law, international law and/or criminal law. The previous lawyer is not willing to further appeal the case as he believes the Bulgarian justice system should deal with it. He even told Lidiya "You are a woman, you don't understand this."
Anka is not a piece of paper to sign off. She is a defenceless child. Let's change this now.
#SaveAnka
Please note that names are pseudonyms in order to protect the family. We welcome any and all media coverage supporting this campaign. If you would like to get in contact with us for any reason at all, please email saveanka@gmail.com
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Petition created on 21 February 2016