Successful IPT Appeal: Overcoming Deportation Liability in New Zealand

At MK Law, we recently had the privilege of representing a client facing potential deportation from New Zealand. This case highlights our commitment to providing expert legal assistance in complex immigration matters, including IPT appeals and deportation liabilities.

Background

Our client, a young permanent resident, found himself in a challenging situation when Immigration New Zealand (INZ) notified him of a potential deportation liability. This situation arose from a misunderstanding related to his status as a dependent child at the time of his family’s residence application.

The Legal Challenge

Under New Zealand’s immigration law, to qualify as a dependent child, one must be between 18 to 20 years old and without children. Unknown to our client, his girlfriend was pregnant at the time of the application, which technically disqualified him from being a dependent child. This oversight led to the potential deportation liability, putting not only his future in New Zealand at risk but also affecting his young family, including a New Zealand-born child.

Our Approach

Understanding the gravity of the situation, we took a compassionate yet legally sound approach. Our team set out to demonstrate the unique and exceptional circumstances of our client’s case, emphasising the humanitarian aspects and the best interests of his children. We argued that deporting our client would not only separate him from his immediate family, all of whom are permanent residents, but would also lead to the de facto deportation of his New Zealand-born child.

Outcome

Our submission to INZ focused on the strong family ties in New Zealand, the client’s integration into the community, and the potential hardship deportation would cause to the family, especially the children. We highlighted that our client’s situation, while technically falling afoul of the criteria, was due to an inadvertent misunderstanding and not deliberate misrepresentation.

We are pleased to report that, after careful consideration of the submission, the deportation liability was successfully suspended, allowing our client and his family to continue their life in New Zealand.

Why MK Law?

This case exemplifies our commitment to justice and our expertise in navigating complex immigration laws. We understand that behind every case, there are personal stories and futures at stake. Our approach combines legal acumen with a deep understanding of the human element in immigration matters.

If you or someone you know is facing a similar challenge, MK Law is here to help. Our team has the experience and dedication needed to navigate the complexities of immigration law, including IPT appeals and deportation liability cases.