A lobby group representing hundreds of thousands of expatriate New Zealanders is planning legal action against Australia’s government
The group, Kiwis in Australia, claims an amendment to the law in 2001 was discriminatory and meant New Zealanders in Australia were struggling to access healthcare, social services, and tertiary education. Conversely, Australians living in New Zealand have access to welfare support, tertiary education and comprehensive free healthcare.
The change in the Australian citizenship law means New Zealanders are the only group indefinitely residing in Australia that cannot apply for citizenship after four years of residence. The group is applying to the court after lobbying and attempts at legislative reform were unsuccessful. They claim the changes are unconstitutional as they unreasonably deny the affected cohort the right to vote and also constitute unlawful racial discrimination.
It is thought that approximately 250,000 New Zealanders may have been affected by the legislative change, with Māori New Zealanders being disproportionately affected. According to the numbers, of 146,000 New Zealand-born migrants who arrived in Australia between 2002 and 2011, only 8.4% had acquired Australian citizenship by 2016. Just under 3% of New Zealand-born Māori had acquired Australian citizenship as they are less likely to be able to meet the skill requirements or the cost of a permanent visa.
Other groups affected by the law include New Zealand women who are victims of domestic violence in Australia, and disabled children born to New Zealand parents who are unable to access disability support services.
