Tribunal says 63 years-old sex offender poses risk of further offending; orders deportation

    ‘Ikai tali tangi ‘a ha tamai Tonga ta’u 63 ‘i Nu’u Sila tu’utu’uni ke ‘atā pea fakafoki ki Tonga. Pehē ‘e he tulaipiunolo’ ko e tamai ia ko ‘eni ‘e toe ala fai pe ‘e ia e tō’onga fakalielia ki he fefine kei si’i hangē ko ia ne ne fakahoko’.

    The Immigration and Protection Tribunal has ordered a 63 years-old man to be deported.

    The appeal was made on the grounds that the appellant had exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for him to be deported and whether it would not in all the circumstances be contrary to the public interest to allow him to remain in New Zealand.

    The man entered New Zealand for the first time in 1985. He re-entered the country in 1998 and remained unlawfully for two years. He and his partners were granted work visas in 2001 and resident visas in 2003.

    In 2007 the appellant was convicted of the first of a series of offences, including assaulting his partner, driving under the influence and driving without a license.

    In November 2016, the appellant was convicted and sentenced for two offences of sexual conduct with a person under 16 years and sexual violation by rape. 

    The judge noted that the aggravating factors included premeditation, the particular vulnerability of the victim, given her young age, the gross breach of trust, and repeated offending over a lengthy period of time.

    The appellant was sentenced to 10 years’ imprisonment, covering both offences.

    On 3 July 2017, the appellant was issued with a Deportation Liability Notice.  The  appellant’s first parole date  is  17  January  2020,  and  his statutory release date is 15 September 2026.

    The man continues to deny the sexual assault charge. He claimed he had nowhere to go in Tonga.

    However, the Tribunal found that he would continue to pose a risk of sexual offending and that he had relatives in Tonga who could support him.

    “The  appellant  does  not  have  exceptional  circumstances  of  a humanitarian nature: separation from family in New Zealand is not in itself out of the ordinary,” the Tribunal said.

    “He has caused significant harm through his offending, so it is unclear how he will be able to resume a relationship with his family here.”

    The application was denied.

    The main points

    • The Immigration and Protection Tribunal has ordered a 63 years-old man to be deported.
    • The Tribunal said the man would continue to pose a risk of sexual offending and that he had relatives in Tonga who could support him.

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