19 June 2013

Immigration: Hossain v. Ministry of Business



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