New route to remaining in NZ
#1
New route to remaining in NZ
Crime it seems:
Full story: Rapist wins case to be allowed to stay in NZ | Radio New Zealand News
It's difficult for me to accept this decision is really in the best interests of New Zealanders nor likely to improve peoples views of the immigration process as being stringent or just.
Thoughts/views/opinions?
A man who raped a sleeping woman at a party, and who has a conviction for passport fraud, has won his appeal against deportation to India.
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Mr Singh had also been convicted of drink driving, passport fraud, dangerous driving and failing to stop after an accident.
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Mr Singh had also been convicted of drink driving, passport fraud, dangerous driving and failing to stop after an accident.
It's difficult for me to accept this decision is really in the best interests of New Zealanders nor likely to improve peoples views of the immigration process as being stringent or just.
Thoughts/views/opinions?
#2
MODERATOR
Joined: Oct 2011
Location: Wellington - I miss Castles, the NHS & English school system
Posts: 9,077
Re: New route to remaining in NZ
seriously unimpressed, what with this and Chinese being given preferential treatment makes a mockery of it all.
#3
Re: New route to remaining in NZ
The decision
[2016] NZIPT 600228
TITLE OF DECISION:
Singh v Minister of Immigration
INDEX TERMS:
Resident / conviction / India / driving with excess blood alcohol and rape (six years, one month’s imprisonment) / also convicted for passport offending (cumulative eight months’ imprisonment) / submission that Court did not have power to impose imprisonment for three months or more in relation to drink driving offence, not accepted / in NZ 9 years / Tribunal accepts offending occurred in context of alcohol dependency / appellant disowned by parents, compromising ability to return to his community in India / however, can establish himself elsewhere in India /
NZ citizen wife presents regularly to doctor with multiple health conditions, including depression and anxiety / as result of health conditions, wife having difficulties caring for couple’s NZ-citizen son / wife’s family have
practical constraints on level of support they can offer / wife cannot reasonably be expected to live in India in light of health condition, lack of familiarity with India, and dependence on NZ-based support networks / appellant forms important part of wife’s medium-term support and brings level of stability to family household / best interests of the child / child’s best interests served by remaining in NZ in the care of both his parents /
/ rape conviction at exceptional humanitarian circumstances found
lower end of spectrum of inherently serious offending / while serious, appellant’s passport offending not at upper level of seriousness / multiple traffic convictions / weighing offending against needs of appellant’s emotionally vulnerable NZ-citizen wife and son, Tribunal finds it unjust or unduly harsh for appellant to be deported / public interest / public interest in preserving family unity / low to medium risk of re-offending / appellant continues to receive treatment in prison for factors contributing to offending / suspension of deportation liability provides incentive to avoid re-offending / / liability for deportation suspended – condition that appellant incur not contrary to public interest no conviction punishable by term of imprisonment in next five years / appeal allowed
TITLE OF DECISION:
Singh v Minister of Immigration
INDEX TERMS:
Resident / conviction / India / driving with excess blood alcohol and rape (six years, one month’s imprisonment) / also convicted for passport offending (cumulative eight months’ imprisonment) / submission that Court did not have power to impose imprisonment for three months or more in relation to drink driving offence, not accepted / in NZ 9 years / Tribunal accepts offending occurred in context of alcohol dependency / appellant disowned by parents, compromising ability to return to his community in India / however, can establish himself elsewhere in India /
NZ citizen wife presents regularly to doctor with multiple health conditions, including depression and anxiety / as result of health conditions, wife having difficulties caring for couple’s NZ-citizen son / wife’s family have
practical constraints on level of support they can offer / wife cannot reasonably be expected to live in India in light of health condition, lack of familiarity with India, and dependence on NZ-based support networks / appellant forms important part of wife’s medium-term support and brings level of stability to family household / best interests of the child / child’s best interests served by remaining in NZ in the care of both his parents /
/ rape conviction at exceptional humanitarian circumstances found
lower end of spectrum of inherently serious offending / while serious, appellant’s passport offending not at upper level of seriousness / multiple traffic convictions / weighing offending against needs of appellant’s emotionally vulnerable NZ-citizen wife and son, Tribunal finds it unjust or unduly harsh for appellant to be deported / public interest / public interest in preserving family unity / low to medium risk of re-offending / appellant continues to receive treatment in prison for factors contributing to offending / suspension of deportation liability provides incentive to avoid re-offending / / liability for deportation suspended – condition that appellant incur not contrary to public interest no conviction punishable by term of imprisonment in next five years / appeal allowed
#5
Lost in BE Cyberspace
Joined: Jun 2005
Location: In a large village called Auckland
Posts: 5,249
Re: New route to remaining in NZ
Sounds like a great husband, eh? I would have thought his wife and kid would have been keen to get shot of him; the lawyer was clearly playing the violin and spinning a bit of a yarn about being the best interests of the family.
The decision paper said:
'The Immigration and Protection Tribunal suspended his deportation liability for five years, meaning he will not be deported if he does not commit an imprisonable offence in that time.'
Given his track record, I suspect there's a strong possibility that Mr Singh will be paying another visit to the judge before too long.
The decision paper said:
'The Immigration and Protection Tribunal suspended his deportation liability for five years, meaning he will not be deported if he does not commit an imprisonable offence in that time.'
Given his track record, I suspect there's a strong possibility that Mr Singh will be paying another visit to the judge before too long.
#6
Re: New route to remaining in NZ
Sounds like a great husband, eh? I would have thought his wife and kid would have been keen to get shot of him; the lawyer was clearly playing the violin and spinning a bit of a yarn about being the best interests of the family.
The decision paper said:
'The Immigration and Protection Tribunal suspended his deportation liability for five years, meaning he will not be deported if he does not commit an imprisonable offence in that time.'
Given his track record, I suspect there's a strong possibility that Mr Singh will be paying another visit to the judge before too long.
The decision paper said:
'The Immigration and Protection Tribunal suspended his deportation liability for five years, meaning he will not be deported if he does not commit an imprisonable offence in that time.'
Given his track record, I suspect there's a strong possibility that Mr Singh will be paying another visit to the judge before too long.
I have ALWAYS believed that him, like me, an invited 'guest' in this country, that our standards of behaviour should be BEYOND reproach. TOTALLY!
We are not natural born citizens of this place and we should all be on 'permanent probation'!! Break the law? There is the door...piss off!! And it matters NOT what counrty she/he is from. If you are a humanoid who breaks the law and you were not born in the country that has kindly given you a home, bugger off from WHERE EVER you came from. AND never come back.
His wife and child? Sorry not our problem. He should have thought about that before committing the crimes. And as someone mooted, they will probably be better of without the horrible individual.
And as for being disowned by his parents? Gosh, I wonder why that might have come about???