file image. Photo: hafakot/123RF
A man who police say tried to ram a car carrying his wife and children has won an appeal against being deported from Australia to New Zealand.
Vaelua Siorame was enraged when his stepdaughter alleged he was having an affair with an American woman.
The father of five, who had no previous convictions, was jailed for 20 months for knowingly driving a motor vehicle in a manner that menaces another person, intending to cause physical or mental harm in a domestic violence setting and assault.
The Australian administrative appeals tribunal (AAT) said the police summary of facts recorded that the step-daughter shared her suspicion with her mother.
"The applicant said that the woman in question was in the United States and that they communicated by Facebook. He said that the woman was in school with him in Samoa. There was, he said, no affair at all."
But the Sydney forklift driver sent an abusive and threatening text and pursued his wife's car, so she drove to a police station where he hit his stepdaughter and was arrested.
"The facts also recorded that during the pursuit, the applicant tried to ram the wife's car, in which the applicant's children, his wife and step-daughter were passengers."
The tribunal said the 44-year-old's links to family, community and church in Australia were significant and it did not want to force his five daughters, aged 6 to 16, to relocate.
His eldest daughter gave evidence at the tribunal.
"She and her mother described the applicant as polite, kind, humble and hardworking. His wife described him as hard-working and helpful to others, and as active in his church every Sunday. Each of the applicant's other children stated that they miss their father, love him and want him home."
"Each of the applicant's five children love their father and wants the family reunited," said Brian Rayment, deputy president of the AAT.
"It is in the best interests of each of them for their father to return home."