The New Zealand Immigration and Protection Tribunal has ordered that a Tongan family be granted resident visas.
The
Tribunal found that they had proved exceptional humanitarian circumstance
because it was in the best
interests of the
three eldest children to complete
their education in New Zealand and the support the family provided to the
wife’s sister, who was seriously ill.
The
family consists of the parents, who are Tongan citizens, and their five
children, aged 18, 16, 14, six and three.
Before their arrival
in New Zealand in December 2007,
both the husband and wife had made several visits to New Zealand. When they
re-entered in December 2007 with
their three sons, they held
visitor visas.
In
July 2008, the husband was granted a two-year Essential Skills work visa to
work as a truck driver. He was granted a series of work visas, the last of
which expired in October 2018.
The
wife also held work visas and the children held student and/or visitor visas. Two
daughters were born in New Zealand, in April 2013 and August 2015.
On
19 November 2018, Immigration New Zealand declined to grant the husband a further
Essential Skills work visa.
The
wife and children’s associated visa applications were also declined in November
2018.
The
family filed an appeal in January this year.
In
their appeal, the family said the wife’s New Zealand-citizen sister had serious
health issues and was due to have major surgery for a pre-cancerous condition
of her uterus.
The
wife is her only family member in New Zealand and the family provide practical
and emotional support to the sister and her family.
They
argued that it was in the best interests of the children to stay in New
Zealand. If they had to move back to Tonga they would have to live in overcrowded
conditions with the husband’s family so the children would be impoverished.
The
three sons were senior secondary school students who had been living in New
Zealand for more than 10 years and had few memories of Tonga.
The
16-year-old son has significant hearing loss which would be dealt with in New
Zealand.
The
Tribunal said that if the family had to leave New Zealand, the sister and her
family would be left alone to cope with the
trauma of the
wife’s sister’s forthcoming
surgery and an
uncertain future. They had an exceptional need for family support.
It
found that the eldest children’s education would be severely disrupted if they
had to return to Tonga.
“Weighing
this record with the humanitarian circumstances relating to the needs of the
wife’s sister and her family and the best interests of the three sons, the
Tribunal finds that it would be unjust and unduly harsh for the appellants and their
children to be deported from New Zealand,” the Tribunal said.
The
Tribunal therefore ordered that the family be granted resident visas.
The
main points
- The New Zealand Immigration and Protection Tribunal has
ordered that a Tongan family be granted resident visas.
- The Tribunal found that they had proved exceptional
humanitarian circumstance because it was in the
best interests of
the three eldest children to complete their education in New Zealand
and the support the family provided to the wife’s sister, who was seriously
ill.