A Fijian man has been deported after strangling his wife and threatening her with a large knife.
The unnamed 38-year-old was convicted of charges including strangulation, grievous bodily harm, and possession of an offensive weapon.
In September 2020, an argument ensued with his wife after she refused to give him her phone. The man had been drinking alcohol.
"The appellant snatched the phone from her and went to the kitchen stating that he was going to cut her. He then held a large knife in a threatening manner before [the woman] grabbed it and put it away."
The man then placed his hands around her throat and restricted her breathing.
"On the second instance he did this, the pressure continued for approximatively one minute and made it difficult for [the woman] to breathe".
The man denied that any physical confrontation took place. His wife then obtained a protection order against him.
He was sentenced to nine months' home detention. He appealed the conviction and sentence in the High Court but both appeals were dismissed in October 2023.
In June 2023, Immigration New Zealand declined his residence application on character grounds. From that point, the man has been staying at accommodation provided by a charitable organisation while living illegally in New Zealand.
The following month, he lodged a humanitarian appeal against deportation, saying he wants to be able to spend time with his children in New Zealand. Now, the Immigration and Protection Tribunal has ruled he could still maintain a relationship with his two children – both aged under 12 years - from Fiji.
The man was born in Fiji and his wife is also a Fijian citizen. He first arrived in New Zealand in 2016 as a visa holder and was subsequently granted a series of interim work visas.
The man's appeal claimed being forced to leave New Zealand would have an adverse emotional impact on him, while the income he earns when able to work crucial for his mother's medical care and extra food in Fiji.
He explained his mother lives with his brother who earns a small income from farming. Another brother is a teacher who helps pay phone and power bills but is unable to cover any other expenses.
The man had no regular contact with his children since the offending in 2020 until October 2023, when he was granted weekly access of five hours with them.
The Tribunal ruled there were no exceptional circumstances to overturn the man's deportation on humanitarian grounds, finding the children could make regular trips to Fiji to visit their father.
"The Tribunal accepts that the further separation will be difficult for the appellant. However, he has coped with previous separations and on this occasion, he will also have the support of his family back in Fiji and the prospect that the children can visit him in Fiji during their holidays. The appellant also knows that they are being well cared for by [their mother] and the extended family and so can take comfort from that."
Newshub
