Key Takeaways
- A man was sentenced to seven years and 10 months in prison for rape, unlawful sexual connection, and other charges
- The man’s appeal against deportation was dismissed by the NZ Immigration and Protection Tribunal
- The tribunal found no exceptional circumstances of a humanitarian nature to justify not deporting the man
- The man’s family had "oversold" New Zealand to his wife’s family, leading to unmet expectations and contributing to the offending
- The man will be deported to India upon his release from prison in 2030
Introduction to the Case
The case of a man who was sentenced to seven years and 10 months in prison for rape, unlawful sexual connection, and other charges has been making headlines in New Zealand. The man, who was granted residence in New Zealand about 10 years ago, had returned to India for an arranged marriage and later brought his wife to New Zealand. However, the relationship turned sour, and the man was found guilty of various charges, including rape and assaulting his wife. The man’s appeal against deportation was recently dismissed by the NZ Immigration and Protection Tribunal, and he will be deported to India upon his release from prison.
The Arranged Marriage and Offending
According to the decision, the man’s offending happened soon after his wife arrived in New Zealand and continued until she left the family home and stayed at a women’s refuge. The man had pleaded not guilty to the charges but was convicted after a jury trial in November 2022. A notice from Immigration NZ that he was liable for deportation followed, and the man appealed against his conviction and sentence in the Court of Appeal. The appeal was unsuccessful, and the man then appealed against his deportation. The tribunal heard evidence from the president of the man’s gurdwara (temple) and a clinical psychologist, who submitted that the man had endured significant hardship in custody and had shown a renewed perspective and motivation to change his life for the better.
The Appeal Against Deportation
The man’s appeal against deportation was supported by evidence from the president of his gurdwara (temple) and a clinical psychologist. The psychologist said that the man and his family likely "oversold" New Zealand to his wife’s family, leading to unmet expectations and contributing to the offending. The tribunal chair and District Court Judge Martin Treadwell said that the tribunal found no exceptional circumstances of a humanitarian nature to justify not deporting the man. Judge Treadwell also noted that the man’s father had a choice whether to remain in New Zealand or return to India to support his son, and that the $200,000 equity in the family home could be applied to resettlement in India.
The Tribunal’s Decision
The tribunal declined the man’s appeal against deportation but removed the period of prohibition on entry to New Zealand that would otherwise apply. This will allow the man to apply for a visa to visit his father and sister in New Zealand, subject to Immigration NZ approval. The man’s statutory release date from prison is September 2030, and he will be deported to India upon his release. Judge Treadwell said that a return to India would be challenging for the man, but he was an adult, capable of living independently. The man had assets in New Zealand, which could be realized to provide him with some capital to settle successfully in India.
Conclusion and Implications
The case highlights the importance of considering the complexities of arranged marriages and the potential for unmet expectations to contribute to offending. It also raises questions about the role of cultural and societal factors in shaping an individual’s understanding of consent and relationships. The tribunal’s decision to deport the man to India upon his release from prison reflects the seriousness with which New Zealand takes cases of domestic violence and assault. The case serves as a reminder of the need for continued support and resources for victims of domestic violence and the importance of promoting healthy and respectful relationships within all communities.
