The
High Court ordered repayment of $250,000 lent interest free by a Chinese
business student keen to convert his New Zealand student visa to permanent
residence. He was unaware the loan was
never repayable and that he had no chance of getting residence through a
business investment visa.
Bingqui Ou came to New
Zealand in 2012 studying for a business diploma. After expressing interest in getting
permanent residence, a go-between introduced him to Wei Liang who had recently
set up a media company called WOM Group Ltd.
At a meeting in a café on Auckland’s North Shore, Ms Liang suggested that
an investment in her business and employment with her company would enhance his
chances of permanent residence.
The High Court was told
Mr Ou signed what was described as a term loan contract. His $250,000 interest free loan was not
repayable until he obtained an entrepreneurial work visa. Successful visa applicants require prior
business experience. A qualifying point
system looks at age, level of experience and ability to create new full-time
employment. Expert evidence from an
immigration adviser stated it was never remotely feasible for Mr Ou to obtain
an entrepreneur work visa under the arrangements made with Ms Liang. He had no business experience whatever and
was in effect “buying a job”.
Associate judge Bell
said Ms Liang made an empty promise, promising to repay in circumstances which
would never occur. Having paid money
under what amounted to a non-existent contract, Mr Ou was entitled to
restitution of his $250,000.
Ou v.
Liang – High Court (26.05.17)
17.054