The Immigration and Protection Tribunal said the welfare of the man's children had to be considered after he evaded police for 8 years following a sex offence, and granted him a 12 month work visa to allow him to apply to stay in New Zealand for longer. Photo: RNZ / Dan Cook
A man who committed a sex offence and then evaded police for eight years has been given a reprieve against deportation to Vietnam.
He was only brought to justice after he was caught on CCTV drink driving on the wrong side of the road.
The 37-year-old man, who was not named, was convicted in 2021 of assault with intent to commit a sexual violation.
He had two children in the eight years he was on the run.
The Immigration and Protection Tribunal said the children's best interests amounted to exceptional humanitarian circumstances, but stressed the seriousness of his offending.
"Not only did he commit a sexual offence against a vulnerable victim nine months after his arrival in New Zealand, he eluded police for some eight years before committing two further offences which represented a significant danger to the public," it said.
"The tribunal acknowledges its determination that it is in the children's best interests to remain together and with both parents but, in the present case, the children's interests do not trump other primary considerations, most particularly the appellant's serious offending and prolonged evasion of the law.
"His remaining at large allowed him to stay in New Zealand for another eight years, dupe his partner, take on the care of her son and father another two New Zealand-citizen children."
He was granted a 12-month work visa, allowing him to apply for a partnership visa and residence.
That would involve a special direction and character waiver, and if that failed he would have to leave.
The tribunal said it was offering him a chance to show he would not re-offend and to take steps to address his alcohol abuse, but it would be up to Immigration New Zealand whether a further visa would be granted.
"While this does not remove altogether the spectre of deportation and the impacts that would have on [his] partner and children, the public interest requires that he demonstrate for a longer post-imprisonment period that he will not re-offend, by way of drink-driving or any other alcohol-related offence, and that he engage with the available immigration processes to regain and maintain lawful status in New Zealand."
The man lived unlawfully in New Zealand from the expiry of his student visa in May 2011 until he was granted a work visa in October 2020. He has been unlawfully in New Zealand again since October 2021 until the tribunal's decision a year later. He has a 32-year-old partner, 10-year-old stepson and two sons, aged seven and four.
His partner said the family could not follow him to Vietnam if he was deported because her ex-husband would not allow her to take his son out of New Zealand.
The man's lawyer said that when he committed his drink-drive and dangerous driving offences in 2019, he was on his way to the police station to hand himself in over the earlier warrant.