Kathryn George/Stuff
The man was deported after being charged with indecently assaulting a young woman
A 36-year-old father has been deported to India after indecently assaulting the 13-year-old daughter of his boss.
The man’s appeal to the New Zealand Immigration and Protection Tribunal failed after he argued it would be unjust to deport him, as his wife and four-year-old son lived in New Zealand.
The appeal failed on the grounds that there wasn’t exceptional humanitarian circumstances for him to stay.
The man was first issued a deportation notice in May 2022, after being convicted earlier that month on one charge of indecently assaulting a young person and one charge of indecently assaulting a female aged 12 to 16.
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He was living in New Zealand on a work visa.
The convictions relate to a single incident in June 2019, where the man assaulted the 13-year-old daughter of his then-employer, who he and his family lived with.
In the appeal submissions it was noted that the offending occurred in the context of a migrant exploitation complaint he had made against the employer.
A letter from the Ministry of Business, Innovation and Employment confirmed that the application for mediation had been closed with no outcome.
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Prime Minister Jacinda Ardern and her Australian counterpart, Scott Morrison, debate a “corrosive” deportation policy in Sydney in February 2020.
It was argued that the man and his family were well settled in New Zealand and that both had made contributions to the country through their employment.
It was also argued that the man’s offending was not of the most serious type, given that his sentence was not near the maximum sentence possible.
The sentence he was given was 18 months of intensive supervision, with special conditions and a first warning, according to the appeal.
In its explanation as to why the appeal failed, the tribunal said while the man felt settled in New Zealand, his wish to remain in NZ is one that is shared with a great many temporary migrants and is not out of the ordinary.
“All of the family members are temporary visa holders in New Zealand and, as they are Indian citizens, are able to return to India with the appellant should they decide to.”
The man has been given four months to get his affairs in order, after which he will be deported.
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