Successful deportation appeal after seven-year delay
We successfully appealed an Egyptian client’s deportation liability which arose from a number of convictions. The Tribunal found that there were exceptional circumstances of a humanitarian nature which would make it unjust or unduly harsh for our client to be deported.
In finding in our client’s favour, the Tribunal focused on the impact that our client’s deportation would have on his New Zealand citizen wife. The Tribunal also gave consideration to INZ’s seven-year delay between the convictions in 2012 and service of a deportation liability notice in 2019.
During this delay, our client’s wife accompanied him to Egypt, sold her property in New Zealand to start a business in Egypt, and subsequently lost most of this money as a result of Egypt’s economic downturn. The Tribunal accepted that, had INZ taken action earlier, his wife may have made different decisions. The Tribunal also acknowledged the “substantial amount of emotional effort” that his wife put into the relationship during the seven-year delay, only to find out that they may be forced to separate due to deportation.
An expert psychologist confirmed that there was a low chance of our client reoffending. The Tribunal found that it was not against the public interest to allow him to remain in New Zealand. Accordingly, the appeal was allowed.
If you have received a conviction or you are facing charges and you hold a temporary or resident visa, we strongly recommend that you contact one of our Immigration lawyers for advice.