Tongan husband of dying wife faces deportation despite Tribunal finding he has a humanitarian case for staying

Tu'utu'uni 'a e 'Imikuleisini Nu'u Sila ke fakafoki 'a 'Aminiasi Lomu ki Tonga neongo e aofangatuku 'a e tulaipiuniolo' 'o pehē 'oku 'i ai 'a e makatu'unga 'i he totonu 'a e tangata' ke ne nofo 'i Nu'u Sila' ni. Ko hono hoa' foki 'a Sauiluma Mulitalo, 'oku mo'ua 'i he mahaki kanisaa', ka na'e toki hiki mai mei Tonga mo 'ene fānau 'e toko fitu pea 'oku 'i ai 'eni 'ena tokotaha mo Lomu. Ko Sauiluma ne mo'ua he fakamaau'anga 'i Tonga ki he tāmate tangata hili 'ene malaki'aki ha me'alele 'a hono husepāniti' 'o mate 'i Vava'u tangata 'eni ko Michael Guttenbeil.

Tongan Aminiasi Lomu, 32, who is unlawfully in New Zealand, is facing deportation despite the Immigration and Protection Tribunal finding there are exceptional humanitarian circumstances for him to remain in New Zealand.

He and his wife, Sauiluma Mulitalo, have a three year old child. She is the mother of eight children. Lomu is the primary caregiver for his children

Mulitalo was given a suspended sentence for manslaughter in the Nuku’alofa Supreme Court  in December 2014 after running over her husband Michael Guttenbeil in her four-wheel drive vehicle.

She and her seven children moved to New Zealand in 2015 with the help of the Salvation Army. The 43-year-old mother, is suffering from aggressive colon cancer.

Immigration NZ has refused  to grant Lomu an interim visa.

Lomu lodged an appeal with the Immigration Tribunal was lodged in February 2018 after his first work visa application was declined.

The Tribunal found Lomu’s case had exceptional humanitarian circumstances and that it would be unduly harsh to deport him.

It directed that he be granted a work visa, and a 12-month work visa was granted as a result, but that expired on June 29.

He lodged another work visa under the partnership scheme in May. However, an interim visa was not issued, so he is now unlawfully living in New Zealand.

Immigration New Zealand manager Michael Carley told the New Zealand Herald that the decision as to whether to issue an interim visa lay entirely with the Immigration Minister or Immigration Officer.

They were not required to give any reasons for their decision.

The main points

  • Tongan Aminiasi Lomu, 32, who is unlawfully in New Zealand, is facing deportation despite the  Immigration and Protection Tribunal finding there are exceptional humanitarian circumstances for him to remain in NZ.
  • He and his wife, Sauiluma Mulitalo, have a three year old child. She is the mother of eight children. Lomu is the primary caregiver for his children

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