The New Zealand Immigration and Protection Tribunal has ordered a Tongan born New Zealand resident to be deported.

The man was convicted and sentenced to 10 years’ imprisonment for four offences of sexual violation by rape.  The offences were committed between 1 August 2014 and 8 December 2014.

He was also convicted of an indecent act upon a girl 12–16, for which he was sentenced to three years’ imprisonment, which was served concurrently.

The minimum term of imprisonment imposed by the judge was five years; the appellant is therefore first eligible for parole on  May 29, 2022.

He has also been convicted of a number of drink driving offences.

A Deportation Liability Notice was signed by a delegated decision maker on  May 14 2018 and served upon the appellant on 2 August 2, 2018.

The appellant lodged an appeal on 24 August 2018.

The appeal required the Tribunal to consider whether the man exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for him to be deported from New Zealand.

The Tribunal found that the appellant had exceptional humanitarian circumstances, arising out of his settlement in New Zealand and the interests of his partner and New Zealand-citizen children.

However, the Tribunal found that the deportation would not be unduly harsh or unjust given the seriousness of his offending.  The appeal was declined.

The Tribunal ordered the removal of the period of prohibition on entry to New Zealand that would otherwise apply following the appellant’s deportation.

This would help him apply for a temporary visa in order to visit his children periodically, should they remain in New Zealand.

The Tribunal stressed that the decision on any such visa application would be entirely a matter for Immigration New Zealand and/or the Minister of Immigration.

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