A Tongan man convicted of raping a 13-year-old female relative has failed in his bid to avoid deportation from New Zealand after the Immigration and Protection Tribunal ruled that his removal would not be unjust or unduly harsh.
The 49-year-old, whose identity has been withheld to protect the victim, has lived in New Zealand since 1998 and became a resident in 2010. However, he became liable for deportation following his conviction for sexual violation by rape.
According to the Tribunal decision, the offending occurred between 1999 and 2000 while the man was unlawfully in New Zealand. The victim, then aged between 12 and 16, was a younger family member. The abuse was not reported to Police at the time, and charges were not laid until 2019.
A jury found the man guilty in July 2022. He was later sentenced to six years’ imprisonment for rape and three months’ imprisonment for indecent assault, to be served concurrently.
The Tribunal noted that the victim was 13 years old at the time of the rape and that the offender was about 23. The court found he took advantage of a position of trust after moving into the victim’s family home shortly after arriving in New Zealand.
Judge JC Moses, who sentenced the man, identified the victim’s age, the family relationship, and a subsequent threat involving a knife as significant aggravating factors.
The man appealed his deportation liability on humanitarian grounds, arguing that he had spent nearly three decades in New Zealand, had strong family ties there, and faced uncertainty if returned to Tonga.
Family members told the Tribunal they feared he would struggle to re-establish himself because he had no land rights, limited support networks, and uncertain employment prospects.
The Tribunal accepted that the appellant faced exceptional humanitarian circumstances. It found that he had lived virtually all of his adult life in New Zealand, maintained close relationships with relatives there, and would face challenges reintegrating into life in Tonga.
However, the Tribunal concluded those circumstances were outweighed by the seriousness of the offending.
In its decision, the Tribunal said the appellant’s crime involved “serious sexual offending against a young and vulnerable victim” to whom he owed a duty of trust.
After balancing the humanitarian considerations against the gravity of the offence, the Tribunal ruled that deportation would not be unjust or unduly harsh and dismissed the appeal.
The decision means the man remains liable for deportation and his permanent resident visa will be cancelled unless he seeks and obtains leave to appeal to the High Court.
