The New Zealand Immigration and Protection Tribunal has rejected an appeal by a Tongan man to have a deportation notice overturned.
However, the Tribunal ordered the removal of a prohibition on entry to New Zealand that would otherwise apply following the appellant’s deportation from New Zealand.
The appellant was born in Tonga in 1992. His mother died and his father re-married a New Zealand resident.
In 2001 he and his father entered New Zealand and were granted residency permits.
In 2016 the appellant was convicted of assaulting his flatmate for which he was sentenced to 200 hours community work, nine months intensive supervision and $1292.66 reparation.
Over the next few years he repeatedly breached his supervision conditions and was found guilty of drugs charges and receiving stolen goods.
In October 2017, the appellant began a relationship with a New Zealand citizen.
In March 2018, he was found in possession of an offensive weapon and threatening and intimidating behaviour. He also failed to answer police bail. He was sentenced to 100 hours’ community work, $130 court costs and reparation of $500.
On July 16 last year he was issued with a Deportation notice, based upon his conviction for his offending in 2015.
This was to allow him to apply to re-enter New Zealand to visit his partner and their (as yet unborn) child, should the need arise.
The Tribunal said the decision on any such application would rest with Immigration New Zealand, and the Tribunal could not provide any guarantees in this regard.
The Tribunal said the appellant’s offending of July 2015, which rendered him liable for deportation, was not insignificant and was a major factor in its decision to refuse his application.
