Vanele
COURT OR TRIBUNAL
New Zealand Immigration and Protection Tribunal
DATE FILED (OR FIRST HEARING DATE)
20/04/2021
LITIGATION TYPE
Constitutional and Human Rights / State Accountability
SUBJECT MATTER
Human rights and refugee claims
REVIEW TYPE
Merits review
SUMMARY
(Excerpt from judgment)
[1] This is a humanitarian appeal by the appellant, a 58-year-old citizen of Tuvalu, against her liability for deportation which arose when she became unlawfully in New Zealand.
[2] The appellant is a single woman who has been living in New Zealand for the last 17 years. The primary issue on appeal is whether the appellant’s settlement and desire to remain living in New Zealand, and her circumstances on return to Tuvalu, give rise to exceptional humanitarian circumstances.
[3] For the reasons that follow, the Tribunal declines the appeal. However, the Tribunal directs that the appellant be granted a work visa for a period of six months from the date of this decision.
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