The Immigration and Protection Tribunal has ordered the deportation of Indian national Amrat Pal Singh Dhounsi, 34, after his conviction for indecent assault, ruling that his case did not meet the threshold for undue hardship, The New Zealand Herald reports.
After living in New Zealand for more than 15 years, Dhounsi — who has a school-aged son born here — is set to be deported following the conviction, according to the Herald.
He has been granted a three-month work visa to settle his affairs and prepare his son for the news that he must leave the country.
The Immigration and Protection Tribunal acknowledged there were exceptional humanitarian circumstances in Dhounsi’s favour, including his close relationship with his child. However, it said residence in New Zealand was a privilege, not a right, and noted the offence had profoundly affected the victim, the Herald reported. The tribunal concluded that deportation would not be unduly harsh and rejected his appeal against a deportation liability notice.
According to The New Zealand Herald, Dhounsi arrived in New Zealand at 18 to study and has since held several visas. He was granted residency in 2017. The tribunal noted that all his adult life, education, work, and social integration had been in New Zealand. However, because his offending occurred within five years of gaining residency, he became liable for deportation.
Tribunal chairman Judge Martin Treadwell said Dhounsi had integrated well, holding a responsible position at a hardware store and being described as an exemplary tenant by his landlord. At the same time, he emphasised that the assault had a severe impact on the victim.
The assault occurred in December 2020 after Dhounsi and the woman had been drinking and smoking cannabis. He indecently assaulted her by groping her multiple times, attempting to put his hands inside her clothing, and trying to hug and kiss her, stopping only when she threatened to call someone else.
Dhounsi was convicted in October 2022 of indecent assault and sentenced to one year of supervision and 100 hours of community work, which he has completed. He was also ordered to pay the victim $2000 in reparation. The woman was not the mother of his son, from whom he is separated.
At sentencing, the court heard the victim had been traumatised by the incident. She said she felt unsafe despite living more than an hour away, moved to another city, and changed jobs. She told the court she struggled with suicidal thoughts, feelings of shame, guilt, and self-hatred, and was later diagnosed with post-traumatic stress disorder.
Judge Treadwell said that allowing Dhounsi to remain in New Zealand would compromise the victim’s freedom to choose where she lived. He reiterated that criminal offending represented a serious breach of the expectation that residents would observe New Zealand law, even if the crime was not the most serious of its kind.
He acknowledged that separation from his son would cause distress to both, but said the child had the love and support of his mother and extended family. He added that public confidence in the immigration system would be undermined if Dhounsi were permitted to stay given the seriousness of his conviction.
The tribunal lifted a prohibition preventing Dhounsi from re-entering New Zealand, allowing him to apply in future to visit his son. Judge Treadwell said any such application would be for Immigration New Zealand to decide, and the tribunal could not guarantee its outcome.
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