Where do you work, what’s your role?
I am a co-partner at D&S Law. It is a two-partner practice, established at the tail end of 2020. My partner Pooja and I were working together at another firm and decided it was time to set up our own.
Some people might question the decision to establish a new firm specialising in immigration and refugee matters during a global pandemic when there is so much uncertainty, but there’s never a perfect time to do anything.
With Covid-19 and the changes and impacts on our border there has never been a more crucial time to have knowledgeable people dealing with immigration matters. It is a crucial time for our area of the law and it is important to have a good representative voice when talking to ministers and government officials.
Stewart Dalley
Where did you study?
Although born in Scotland, I studied in New Zealand once I had immigrated. I had spent 15 years in the UK as a union rep. I was mediating in the workplace, representing people in disputes with their employers, and negotiating workplace terms and conditions. I guess I got a taste for advocacy.
When my partner was offered a role in New Zealand, I went to university then. It was 2009. I was in my late 30s as a mature student and I treated my studies as a job, spending my days, 9 to 5, at university. I graduated with an LLB (Hons). Originally, I thought I would be an employment lawyer, but I fell into immigration and refugee law with my first job.
What’s been your career to date?
I worked across the UK as an elected union rep within the public service. I also freelanced as a journalist, covering music and arts and culture for the BBC, magazine publishers and broadsheet newspapers.
While I studied, I had done an internship here and there and worked for a barrister in chambers. My immigration and refugee law career began six or seven years ago.
My work covers a broad range of immigration and visa matters, immigration appeals challenging decisions by Immigration New Zealand or appeals against deportation from New Zealand to the Immigration and Protection Tribunal, and refugee claims and appeals in my capacity as a legal aid lawyer. I have also appeared in High Court appeals and judicial reviews of decisions of Immigration New Zealand and the Immigration and Protection Tribunal.
I have a second speciality, in the law relating to fertility treatment. My partner and I were the first same-sex, de facto couple in New Zealand to adopt children. We are now proud parents of three great kids. We applied to the Family Court to adopt and were successful.
We had our children via surrogacy. I deal with all of those issues. I have recently been invited to sit on the expert advisory panel to the Law Commission, which is reviewing New Zealand’s surrogacy laws, following the Minister of Justice’s request for a review and recommendations. My hope is that in the end we will have a suite of laws and regulations that reflects and respects the diversity of New Zealand.
How long have you been a member of ADLS?
My entire career.
How long have you been involved with ADLS committees? Which committees have you worked with?
I have been a member of the Immigration and Refugee Law Committee for five years, if not longer, working with the previous convenor Deborah Manning. When Deborah stepped down from the committee, I was very pleased to be asked to be the convenor.
Why is committee work important?
Committee work is very important and has its place. It ensures we have a collective voice to raise issues and solutions to problems that we are seeing.
At this time, with border closures, travel restrictions and lots of changes in immigration, visa and emergency measures it is vital for us as a committee to advocate strongly. My previous background as a union rep was to advocate for a group, not for myself. My goal for this committee is to expand our consultative capacity and expand the number of people we talk to and make that engagement more formal.
Do ADLS committees make a difference?
Absolutely, and here’s an example: During 2020, as a Covid-19 initiative, the Immigration and Refugee Law Committee was instrumental in setting up a steering group involving ADLS, NZLS, NZ Association for Migration and Investment and other groups that represent the broader immigration industry to come together to present a cohesive, collective voice when speaking to Immigration New Zealand, so it carries more weight.
What’s been the most notable achievement or biggest focus of your committee in the past few years? Why was that important?
From my perspective it would have to be responding to an emergency immigration bill in the wake of Covid-19. We appeared at the select committee and our submissions saw clear changes introduced which ensured the powers granted could be used only to benefit migrants.
What would you say to anyone thinking of becoming involved in an ADLS committee?
I’d say do it, but for the right reasons, not just as a CV-builder. If you’re passionate and have something to say, get involved.
As a young practitioner, I joined this committee. I didn’t know much but I was keen to learn. Our committees need people who are prepared to contribute. We’re all busy practitioners and everybody [on the committee] benefits when everyone mucks in. We have a couple of places left on the Immigration and Refugee Law Committee so if anyone is interested, they are welcome to contact me or Melissa Fini to find out what is involved.
What’s the biggest issue facing your practice area at the moment? And how does that affect lawyers and their clients?
Our committee’s main focus during the next couple of years will be responding to the government’s Covid-19-related immigration measures.
We’ll also be working in policy development and trying to get involved early as opposed to being presented with await accompli. We also need to ensure lawyers in this specialist area continue and thrive, now more than ever, and we also need to ensure our voices are heard.
The government is interested in hearing from practitioners. A think-tank view is one perspective but the view of lawyers working at the coalface, bringing their experience and highlighting the practical implications, is also important.
What’s the best kept secret about ADLS?
There are no secrets.
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