IC (Partnership) [2021] NZIPT 205944

IPT decision 205944 published on the Ministry of Justice website is summarised below for educational purposes.

  • The appellant, from the Philippines, used a false identity for New Zealand visas.
  • INZ declined her residence application due to character concerns.
  • The Tribunal recognised special circumstances, especially concerning her New Zealand-citizen child.
  • It recommended the Minister of Immigration consider granting residence as an exception.

Background

The appellant, a 31-year-old citizen of the Philippines, first entered New Zealand in October 2013 using a false name and birth date, having previously worked in Hong Kong under the same false identity since 2008. The fraudulent identity was initially adopted due to age restrictions for obtaining a Hong Kong work visa. In New Zealand, she obtained work visas based on her partnership with a New Zealand citizen, whom she met online in 2012 and married in 2019. Their child, a New Zealand citizen, was born in January 2015. In 2016, the appellant revealed her true identity to her partner and returned to the Philippines to correct her identity documents.

Prior to Appeal

The appellant applied for residence under the Family (Partnership) category on 2 July 2019. Immigration New Zealand (INZ) raised concerns regarding her character and eligibility in January 2020 due to her past false identity usage. The appellant sought a character waiver, providing explanations and highlighting her family situation. Her counsel provided additional information about the couple's New Zealand-citizen child, family unity, and conditions in the Philippines.

Immigration New Zealand Assessment

INZ conducted a character waiver assessment, acknowledging the seriousness of providing false identity information in four previous visa applications between 2013 and 2015. The assessment also considered the interests of the appellant's husband and daughter, both New Zealand citizens, but found no significant potential contribution from the appellant to New Zealand.

Immigration New Zealand Decision

On 19 October 2020, INZ declined the appellant's application due to her failure to meet good character requirements and the absence of a granted character waiver, underlining the integrity of New Zealand's immigration system.

IPT Assessment

The Tribunal acknowledged the appellant's past actions but noted her plausible explanation for initially adopting a false identity. It emphasised the best interests of the appellant's daughter, a New Zealand citizen entitled to New Zealand’s education and health care systems. The Tribunal recognised that the family's future in New Zealand depended on the appellant's residence, given there was no other pathway for her.

Special Circumstances

The Tribunal identified special circumstances, including the appellant's long-standing relationship with her New Zealand-citizen husband, their genuine and stable partnership, and the importance of the daughter's upbringing in New Zealand. It noted the daughter's health challenges and the family's separation due to the appellant's lack of New Zealand residence.

IPT Determination

The Tribunal confirmed INZ's decision as correct but recommended considering the appellant's case as an exception due to special circumstances. It emphasised the best interests of the appellant's daughter and the family unity, recommending the Minister of Immigration to consider granting the appellant residence as an exception to the instructions.

author headshot Michael Yoon
Last modified on 8 January 2024 by
Michael Yoon
Michael has been working as a lawyer in New Zealand since 2006. Over the years, he has successfully helped thousands of clients to get their desired outcome. Clients find Michael knowledgeable, approachable and professional — a trusted expert.

Got questions about immigration but feel lost and unsure?

We provide a tailored approach to our services to ensure your immigration process is completed as smoothly and worry-free as possible. 

From start to finish, with us, you can apply with confidence.
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram