A migrant dairy worker’s attempt to settle permanently in New Zealand has been rejected after an overseas murder charge remained unresolved for more than three years.
According to a report by the New Zealand Herald, the man, who has not been named, had applied for residency under the Government’s one-off 2021 Resident Visa scheme after spending years working on dairy farms in New Zealand.
However, after travelling to East Africa for a funeral in January 2023, he became involved in a family dispute that resulted in the death of a relative. He was subsequently charged with murder and was ordered by a court to remain in the country while the criminal proceedings continued.
The overseas case remains unresolved, and the man has stayed in East Africa while pursuing his residency application.
The Immigration and Protection Tribunal recently considered his appeal after Immigration New Zealand (INZ) declined his residency application. The immigration authority found he had failed to disclose the murder charge while his application was being processed, as reported by the New Zealand Herald.
The tribunal clarified that the appeal focused on immigration character requirements and the non-disclosure of the charge, rather than determining whether the man was responsible for the alleged murder.
According to the tribunal decision, the man first arrived in New Zealand almost two decades ago on a work visa.
He spent around 12 years working in the dairy industry before returning overseas in 2016. He later returned to New Zealand on an essential skills work visa and resumed employment with a former employer, as reported by the New Zealand Herald.
He submitted his residency application in April 2022 under the special 2021 Resident Visa pathway, which was introduced for eligible migrants already living and working in New Zealand.
He travelled back to East Africa in January 2023 to attend a funeral. Following the death of a family member, a dispute developed within the family and ultimately led to the murder charge, the New Zealand Herald has reported.
His lawyers argued that the evidence against him was weak and said they expected him to be acquitted.
The man also argued that his residency application should not be rejected before the criminal proceedings had been resolved, as reported by the New Zealand Herald.
INZ became aware of the murder charge through overseas authorities and raised concerns that the information had not been disclosed during the residency process.
The man denied intentionally withholding the information.
He highlighted his long-standing ties to New Zealand and his otherwise good character. He asked INZ to either delay a final decision until the criminal case was completed or grant him residency subject to the outcome of the proceedings, the New Zealand Herald has reported
He argued that deciding his immigration status before the criminal case was resolved could effectively pre-empt the overseas court process, noting that people are presumed innocent until proven guilty.
However, after his application was declined, he appealed to the tribunal, arguing that INZ should have waited for the criminal case to conclude and had treated him as though he had already been convicted, the New Zealand Herald has reported.
The proceedings had also taken a significant toll on the man and his family. Medical evidence presented to the tribunal showed he had experienced acute stress and anxiety and received counselling following the events, as reported by the New Zealand Herald.
The tribunal accepted that the situation had been extremely stressful and that his wife and children had also experienced significant hardship.
The family reportedly faced financial difficulties because the man could not return to New Zealand and resume the employment that had supported them for years.
The tribunal also heard evidence from the man's former New Zealand employer, who described him positively and said he had never seen the worker act violently towards people or livestock.
The employer urged authorities to keep the residency application on hold or allow the man to retain eligibility until the criminal proceedings were completed, as reported by the New Zealand Herald.
The tribunal acknowledged that the overseas criminal case had remained unresolved for several years. However, it found that INZ was not required to continue postponing its decision indefinitely.
The tribunal upheld the decision to decline the residency application, finding that the man did not meet the character requirements and had not been granted a character waiver, as reported by the New Zealand Herald.
It also found that INZ had appropriately deferred the application while waiting for developments in the criminal case.
“With the subsequent deferral period coming to an end without an outcome to the appellant’s criminal case, Immigration New Zealand was required to proceed with a character waiver.
“The tribunal is satisfied that Immigration New Zealand’s character waiver assessment was conducted fairly, that all relevant factors were considered, and that its decision to decline to grant a waiver was reasonable on the facts before it,” the New Zealand Herald has quoted.
The tribunal found there were no special circumstances that warranted asking the Minister of Immigration to make an exception.
It noted that even if the criminal proceedings were eventually resolved in the man’s favour, he could still seek a temporary visa.
However, the tribunal cautioned that securing such a visa would not necessarily be straightforward.