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Fijian's appeal for deportation rejected

NZ Newswire logoNZ Newswire 28/05/2017

A Fijian man who failed to tell officials about a conviction for beating his wife when he applied for a resident's visa will be deported despite his complaint he is too ill to return home and he will leave his children behind .

Mohammed Fazly, a Fijian citizen, came to New Zealand with his Fijian wife in 2004 and they had children in 2007 and 2008.

In 2012 he was found guilty of male assaults female, assault and injuring with intent, arising from an attack on his wife.

He pleaded guilty and was sentenced to eight months' home detention and community work but did not disclose it to Immigration NZ while he was applying for a resident's visa.

In 2014, Fazly was again convicted of assaulting his wife, along with dangerous driving, and sentenced to 26 months' jail.

In the course of investigating these convictions, Immigration NZ became aware of the 2012 convictions and decided he was liable for deportation.

Fazly appealed deportation on health grounds and the impact it would have on his wife and children but the Immigration and Protection Tribunal, and the High Court, rejected his appeals.

The Court of Appeal has now dismissed his legal challenge to those decisions.

The court, in a recently released decision, says there was no error in law in failing to recognise the interest of Fazly's family and it noted his medical condition "appeared to be under control and there was no evidence that the medications he took were not available in Fiji or that the level of healthcare there would not meet his needs".

There was no "exceptional circumstances involving individual injustice" to justify a successful deportation appeal.

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