Tribunal denies appeal, but grants visa so woman can decide whether to pursue residence

The New Zealand Immigration and Protection Tribunal has refused a Tongan woman an appeal of humanitarian grounds, but ordered that she be granted a work visa for three months.

In its report on the appeal, the Tribunal was extremely critical of the way Immigration New Zealand had handled certain aspects of the case.

The woman had lodged work and residence applications based on her partnership with a New Zealand citizen, but because of delays in processing both applications her interim visa had expired.

The woman first entered New Zealand in 1997 and stayed unlawfully for seven years before she was deported in December 2005.

In September 2009, following the death of her mother, Immigration New Zealand exercised its discretion to allow the appellant to re-enter New Zealand for a short visit. Since 2010, she has made frequent visits to New Zealand, usually staying between two and four weeks.

During one such visit in late 2013 she met her current partner, a 59-year-old New Zealand citizen of Maori descent.

In September 2014, the appellant graduated from the University of the South Pacific with a Bachelor of Commerce. She re-entered New Zealand in December 2014 and in May 2015, she was granted a one-year partnership work visa. This was renewed for a further year in May 2016.

In July 2017, she was granted a further work visa to give her time to lodge a residence application under the Family (Partnership) category.

In May 2018, Immigration New Zealand wrote to her saying her partner did not meet character requirements for supporting partners because of past convictions for domestic violence.

The Tribunal said it was wrongly stated that the partner’s four historic convictions for common assault and one conviction for a domestic assault meant he needed a character waiver. The date of the most recent conviction was also wrongly recorded as 2013 rather than 2003.

The partner responded on 24 May 2018 stating that he disputed the 2013 conviction and was applying to the Justice Department for documentation to confirm this. He also stated that only one of the assaults had been of a domestic nature.

The woman and her partner went to considerable lengths to correct the information held by Immigration New Zealand, but the department continued to question his convictions, his relationship with his former wife.

In February this year, Immigration New Zealand advised the appellant that her interim visa had expired, that she was now unlawfully in New Zealand (and that processing of her residence application had been suspended.

In May  the woman’s application for a work visa was declined. Immigration New Zealand said it was not satisfied that the appellant’s relationship was genuine and stable or entered into on the basis of being maintained on a long-term and exclusive basis.

The Tribunal also noted the partner’s pending trial on charges of theft by a person in a special relationship and the appellant’s desire to be present to support him at this time.

The Tribunal said that if the appellant had to return to Tonga she would be separated from her partner.

“Given the current challenges for the relationship, including a possible period of separation should the partner receive a sentence of imprisonment, the Tribunal does not consider that separation would in itself be harmful to the relationship,” the Tribunal said.

“Once the appellant was no longer unlawfully in New Zealand, assessment of her residence application could resume. Should she intend to maintain the partnership and her application be successful she would be able to return and be reunited with her partner.”

“Although the appeal is declined, the Tribunal orders that the appellant be granted a work visa for three months

“This will enable her stay in New Zealand while her partner’s sentencing and to decide whether she will pursue her outstanding residence application.”

The main points

  • The New Zealand Immigration and Protection Tribunal has refused a Tongan woman an appeal of humanitarian grounds, but ordered that she be granted a work visa for three months.
  • In its report on the appeal, the Tribunal was extremely critical of the way Immigration New Zealand had handled certain aspects of the case.

About The Author

Sometimes when a business is growing, it needs a little help.

Right now Kaniva News provides a free, politically independent, bilingual news service for readers around the world that is absolutely unique. We are the largest New Zealand-based Tongan news service, and our stories reach Tongans  wherever they are round the world. But as we grow, there are increased demands on Kaniva News for translation into Tongan on our social media accounts and for the costs associated with expansion. We believe it is important for Tongans to have their own voice and for Tongans to preserve their language, customs and heritage. That is something to which we are strongly committed. That’s why we are asking you to consider sponsoring our work and helping to preserve a uniquely Tongan point of view for our readers and listeners.

spot_imgspot_imgspot_imgspot_img

Latest news

Related news