A man who provided authorities with a forged police certificate has escaped deportation after arguing his wife has mental health issues.
The 27-year-old, a citizen of Afghanistan, came to New Zealand in December 2015 and married a New Zealand citizen the following month. They now have two young daughters.
The man applied for residence in 2018. As part of his application, he submitted a clear police certificate from Pakistan, where he lived from 2000 to 2014.
However, Immigration New Zealand discovered the document was forged.
The authority concluded the man – identified only as BX – did not meet character requirements for New Zealand residence and was not eligible for a character waiver. It declined his application earlier this year.
Shortly afterward, BX’s temporary visa ran out, and he was issued a deportation liability notice. He then appealed that notice, along with the decision to decline him residence, to the Immigration and Protection Tribunal.
A decision released online this month shows he argued he should not be deported as his wife suffers from depression and anxiety.
His deportation would mean “her psychological state will be further compromised”, he said.
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The best interests of their two young daughters, who are New Zealand citizens, “can only be served by their remaining in New Zealand under the care of both parents”, the tribunal heard.
BX said he had not known how to get a police certificate and had been provided it by a friend, who had a brother in Pakistan. He had no idea the certificate was forged.
However, Immigration New Zealand said it had emailed him a hyperlink to the instructions.
Immigration NZ also believed BX had been living unlawfully in Pakistan for 14 years, without a visa.
“The concern was that, knowing the problems that an unlawful status in Pakistan presented him in getting a legitimate police certificate, he had made the decision to use his friend to get him a forged certificate.”
The tribunal noted BX had since provided a second police certificate showing he had a clean criminal record, but there were questions over whether that document could be trusted.
BX’s actions had “undermined” the immigration system, it said.
However, it noted his wife is on antidepressants, is in a “vulnerable” emotional state and has testified she “will not manage” if he is deported.
It also noted the dire situation the couple’s young daughters would face if they returned to Afghanistan with their father: “limited access to education and health care .... forced marriage, and violence” are all major problems for women and girls there, along with the ongoing war.
In a separate decision, the tribunal found the character waiver assessment Immigration NZ carried out was flawed, and directed it to re-examine BX's case.
Deporting him before he is potentially granted residence would be “counterproductive and unnecessarily disruptive”, it said.
BX’s liability for deportation was cancelled and he was given a 12-month work visa while his residence application is assessed.
Where to get help
- 1737, Need to talk? Free call or text 1737 to talk to a trained counsellor
- Anxiety New Zealand 0800 ANXIETY (0800 269 4389)
- Depression.org.nz 0800 111 757 or text 4202
- Kidsline 0800 54 37 54 for people up to 18 years old. Open 24/7
- Lifeline 0800 543 354
- Suicide Crisis Helpline 0508 828 865 (0508 TAUTOKO)
- If it is an emergency, click here to find the number for your local crisis assessment team.
- In a life-threatening situation, call 111.
