A family has failed to overturn a decision to deport them from New Zealand, despite fears over COVID-19 and an associated black fungus epidemic in their home country India.
The family - a father, 32; mother, 35; and two children aged eight and three - were issued deportation liability notices in May 2021 after the father breached his visa conditions multiple times by delivering cash in transit.
The father said he regrets the mistake but was unaware of the breach. He said he performed the cash in transit task out of loyalty to his employer, and didn't believe he would be asked to do something against the conditions of his visa.
The family has fought the decision every step of the way, and in July launched an appeal with the Immigration and Protection Tribunal against their deportation on humanitarian grounds.
The case rested on whether the family faced "exceptional circumstances" arising from the best interests of the eight-year-old son, the family's settlement in New Zealand and the circumstances they would face on return to India - including in relation to the COVID-19 pandemic.
Their representative argued that the COVID-19 situation in India made it "ill advised for the Tribunal to hold the position that it would be safe for [the appellant] to return there at this time".
They cited news articles showing the true number of COVID-19 deaths there could be ten times higher than official figures suggested, that India's vaccine rollout was slow, and that a third wave of the virus could be imminent.
They also pointed out that a black fungus epidemic had emerged alongside the surge in coronavirus cases, resulting in thousands of deaths.
The tribunal declined their appeal, finding that the family did not have exceptional circumstances of a humanitarian nature - however it did grant them an eight-month visa to get their affairs in order.
The family had said they would face "great difficulty relocating to India" due to none of them having lived there since 2013.
They said the children's lack of familiarity with the country, the COVID-19 pandemic and its effects on the economy and risks it poses to their health made it hard, and that the father would struggle to find employment due to the impact of COVID-19 on India's economy.
The mother said she was suffering from acute stress due to the family's immigration situation, for which she'd had to seek medical help.
