Thu 8 Oct 2015 In: New Zealand Daily News View at Wayback View at NDHA
A woman facing deportation who claimed she would face abuse back home in Fiji because of her sexuality has won her battle to stay in New Zealand. The Fijian Indian woman, who has previously resided in New Zealand on student visas and whose wife is a new Zealand resident, told immigration she would face physical abuse back in Fiji if she were to return. The immigration tribunal were attempting to reach a decision as to whether the woman’s “relationship gives rise to exceptional humanitarian circumstances that would make it unjust or unduly harsh for her to be deported from New Zealand.” It was previously not satisfied with the legitimacy of the relationship as the couple married only two weeks after the Fijian Indian woman’s work visa application was rejected. The woman had also failed to mention this relationship to immigration officials prior to the application despite the couple claiming they had been living together since 2010. Most evidence of finances submitted were from the time period surrounding the marriage. The Immigration and Protection Tribunal said "The appellant has not declared her relationship to her family in Fiji. She describes them as typical villagers and very religious. "They have little knowledge of same-sex relationships which are not acceptable in Indian culture so they would be heavily critical and ashamed.” It went on to say that the woman fears the shame of her relationship may be so extreme that they may contemplate suicide and that she would expect her family and friends would treat her badly if they were to find out. The Tribunal granted her the visa stating that the case she put forward outlining her safety risks and the distress of separation from her wife and two stepchildren was grounds for this.
Credit: GayNZ.com Daily News staff
First published: Thursday, 8th October 2015 - 2:54pm