The New Zealand Immigration and Protection Tribunal has told a German woman and her son they must return to Tonga, where they once ran a successful tourist business, or to Germany.
The Germans moved to Tonga in 1989 and built up their business over many years.
The mother suffered a stroke at the beginning of 2015 while she was in New Zealand promoting their business. She received treatment in New Zealand for three months and then returned to Tonga.
The mother and son made two further visits: in October 2015, for a month, and in early 2016, for three months. In mid-2016, the son’s wife died suddenly in an accident in Tonga.
They later sold their business in Tonga because it was difficult to continue to operate their business due to their changed circumstances. The son is his mother’s primary caregiver.
In 2017 the mother and son arrived in New Zealand on visitor visas, which were later extended.
They lodged further appeals and their representative sought permission for them to remain in New Zealand for up to two years more to help the mother recover.
Their applications for new visas were declined in March this year, since when they have been illegally in New Zealand.
The mother and son applied to the Tribunal for permission to stay on exceptional humanitarian grounds, but their appeal was knocked back.
The Tribunal said the circumstances of the case were sad and would cause distress to the woman.
However, it noted that they had substantial investments in Tonga and a regular monthly income.
The Tribunal said the family could also consider returning to Germany, where medical and rehabilitation facilities would be available, although they had not lived there for nearly three decades.
“Their deportation will lead to concern and disappointment and may hinder the possibility of any further potential gains in the mother’s rehabilitation.” The Tribunal said.
“While understanding that the mother’s life here may be more comfortable and perhaps provide some further rehabilitation gains, having considered the appellants’ circumstances, individually and cumulatively, the Tribunal finds these circumstances do not meet the high threshold required for exceptional circumstances of a humanitarian nature.
“The appellants’ departure from New Zealand requires careful preparation and planning because of the ongoing health situation of the mother.
“They will have to find suitable accommodation, in Tonga, or Germany, and make arrangements for the mother’s rehabilitation, and the transportation of her rehabilitation dog to the country to which they travel.
Therefore, the Tribunal orders that the appellants each be granted a visitor visa, for a period of six months.”
The main points
- The New Zealand Immigration and Protection Tribunal has told a German woman and her son they must return to Tonga, where they once ran a successful tourist business, or to Germany.
- The Germans moved to Tongs in 1989 and built up their business over many years.
- In January 2015, while in New Zealand promoting their business, the mother suffered a stroke.
