Success Stories – Immigration Case Studies
Successful Immigration and Protection Tribunal deportation appeal cases
1. Deportation resident appeal: IPT 600721
This was a successful deportation resident appeal where the appellant a resident who had resided in New Zealand for 11 years. This resident originated from Samoa but had no familial ties to Samoa and the appellants family resided in New Zealand. The appellant had 2 convictions. The deportation of the appellant was likely to separate the family and exceptional humanitarian circumstances were found. Found that deportation would result be unjust or unduly harsh for appellant. Appeal was allowed.
2. Deportation non-resident appeal: IPT 504683
This was a successful deportation non-resident appeal where the appellant who was from South Korea had a visitor visa expire but wished to remain in New Zealand with his wife and young son. The appellants son was a New Zealand resident as was his wife. It was argued it was in the best interest of the child for the appellant to remain in New Zealand. In this case it would not be possible for the appellants wife and son to obtain long term visas in the appellants home country. Exceptional humanitarian circumstances found. Deportation would be unduly harsh or unjust. Appeal was allowed.
3. Deportation non-resident appeal: IPT 505496
This was a successful deportation non-resident appeal where the appellant who was from Sri Lanka and was served with a deportation notice after receiving criminal charges. Exceptional humanitarian circumstances were found where the appellants family situation alongside the economic situation of his home country was considered a severe situation. Deportation would result in hardship for the appellants partner. The appellant took steps to ensure no further criminal charges and this was considered not contrary to the interests of the public. Appeal was allowed.
4. Deportation non-resident appeal: IPT 505526
This was a successful deportation non-resident appeal where the appellant who was from China was found to have breached the conditions of her temporary visa. The appellant had a familial connections to New Zealand through her sister, mother and partner. Appellant was found to provide significant support both physical and emotional to her sister and her family and close relationship with them was considered to be in the best interest of her sisters children. Exceptional humanitarian circumstances found with the important of family unity and support for vulnerable victims of family violence. Appeal was allowed.
5. Deportation non-resident appeal: IPT 503663
This was a successful deportation non-resident appeal where the appellant who was from the United Kingdom was declined a further work visa. The appellant was actively involves of the care of his New Zealand resident son and exceptional humanitarian circumstances were found to be in the best interest of the appellant to enable his to remain in New Zealand to care for his son. Deportation in these circumstances was considered to be unjust and unduly harsh on the appellant. There was a positive public interest in keeping the best interests of the family and the child in consideration. Directions were made for a resident visa. Appeal was allowed.
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