Financial
hardship does not amount to humanitarian reasons for an overstayer to remain in
New Zealand.
The High Court was
asked to rule on the case of a 29 year old Bangladeshi who came to New Zealand on
a student visa in July 2009. He obtained
a certificate in business then worked as a supermarket checkout operator and
grocery assistant after being granted a graduate work experience visa. This visa expired in August 2011.
The Immigration and Protection
Tribunal ordered deportation after he overstayed his visa.
Mr Hossain appealed,
saying his wages barely covered his living expenses and he had no money to pay
for his return to Bangladesh. He said
this financial hardship and the financial hardships being experienced by his
father, stepmother and his siblings in Bangladesh meant there were humanitarian
reasons for him to stay in New Zealand. His father was ill. Mr Hossain said he was the only person in his
immediate family who could potentially earn sufficient money to support them
all. His deportation to Bangladesh would
jeopardise his own wellbeing and that of his family.
Justice Woodhouse
ruled there were no grounds to overturn the deportation order. The Immigration Tribunal had correctly
applied the law. Financial hardship
alone is not an “exceptional circumstance of a humanitarian nature” making it
unjust or unduly harsh to order deportation.
Hossain
v. Ministry of Business – High Court (19.06.13)
13.013