Auckland (Avneet Kaur ) – An Indian man facing deportation from New Zealand because of an old drink-driving conviction has been allowed to remain in the country after an immigration tribunal ruled that separating him from his wife could seriously damage her mental health.
The 29-year-old man first came to New Zealand in 2016 and later married a New Zealand citizen of Indian origin in 2024. However, Immigration New Zealand (INZ) rejected his residency application last year, saying he failed the country’s “good character” requirements.
The issue related to a drink-driving offence from 2017, along with claims that the man did not declare the conviction in several visa applications submitted over the years.
Tribunal documents show he was convicted in early 2018 after recording 543 micrograms of alcohol per litre of breath, above the legal limit of 400 micrograms. He was fined $500, ordered to pay court costs and banned from driving for six months.
INZ argued the man had failed to provide accurate information during multiple immigration applications and refused to grant him a character waiver. In response, the man said earlier immigration advisers had not properly explained that the conviction needed to be disclosed.
While the Immigration and Protection Tribunal said the responsibility ultimately rested with him, it also noted that the offence was relatively minor and that he had stayed out of trouble since then. The tribunal further observed that the conviction would likely fall under New Zealand’s Clean Slate laws because of the time that had passed.
A major part of the case focused on the condition of the man’s wife, who was described as emotionally vulnerable and highly dependent on her husband for support.
Medical reports presented to the tribunal revealed the woman had suffered serious abuse in a previous relationship, including physical and sexual violence. She was said to have struggled for years with anxiety, panic attacks and ongoing mental health issues.
A psychotherapist told the tribunal that uncertainty around her husband’s immigration status had badly affected her wellbeing. The woman reportedly experienced panic attacks, severe anxiety, sleep problems, shivering, excessive sweating and episodes of low blood pressure.
The tribunal heard the husband played a key role in caring for her daily needs, including helping calm her during panic attacks, monitoring her eating and supporting her emotionally.
In one incident discussed during the hearing, ambulance staff were called to the couple’s home after the woman spent days crying continuously and began hyperventilating. Medical professionals later warned that deporting her husband or separating the couple could trigger a serious decline in her condition.
After considering the case, the tribunal ruled that deportation would be “unjust or unduly harsh.” While recognising the importance of protecting the integrity of New Zealand’s immigration system, the tribunal said compassion toward vulnerable people also remained an important public interest factor.
The appeal was ultimately approved, with the tribunal directing that the man be granted residency if he provides an updated police clearance certificate from India within the next three months.
