A Vietnamese woman who successfully fought deportation from New Zealand feared she would be harmed by her family who were disappointed that her relationship with a Kiwi man did not reward them financially.
一名越南妇女成功地从新西兰驱逐出境，她担心她会受到家人的伤害，家人对她与一名新西兰男子的关系没有给他们带来经济回报感到失望。

The 41-year-old Vietnamese woman ended up as a single parent in New Zealand when her marriage ended after she moved here with the children to be with her husband, and then found herself fighting possible deportation.
这名 41 岁的越南妇女最终成为新西兰的单亲父母，当时她的婚姻在她带着孩子搬到这里与丈夫团聚后结束，然后发现自己正在与可能的驱逐出境作斗争。

分类： 澳纽资讯

(即时多来源) 新西兰英语新闻 New Zealand English News

She was one of 203 people to appeal to the Immigration and Protection Tribunal against possible deportation last year, and one of the 114 to have succeeded in convincing authorities to let her stay.
她是去年向移民和保护法庭提出上诉反对可能被驱逐出境的203人之一，也是成功说服当局让她留下来的114人之一。

Immigration New Zealand figures show that the number of people deported from New Zealand dropped 80 percent in mid-2022 on the number deported in the year 2017-18, but in the last financial year to mid-2023, the figure had climbed to 212 deportations from 128 the previous year.
新西兰移民局的数据显示，2022 年年中被驱逐出境的人数比 2017-18 年被驱逐出境的人数下降了 80%，但在截至 2023 年中期的上一个财政年度，这一数字从前一年的 128 人攀升至 212 人。

In the past five years, a total of 5511 people left New Zealand, either through being deported, through self-deportation after being given notice or through voluntary departure before being given notice and knowing they were unlawfully here.
在过去五年中，共有5 511人离开新西兰，有的被驱逐出境，有的在接到通知后自我驱逐出境，有的在接到通知后自愿离境，并知道自己是非法入境的。

National manager of immigration compliance Stephanie Greathead told NZME the drop in the number of deportations between 2020 and 2022 was because of the impact of Covid-19.
国家移民合规经理斯蒂芬妮·格瑞德（Stephanie Greathead）告诉NZME，2020年至2022年期间驱逐出境人数的下降是由于Covid-19的影响。

She said border closures made deportations more challenging, which impacted the statistics over this period.
她说，边境关闭使驱逐出境更具挑战性，这影响了这一时期的统计数据。

“When borders were closed deportations focused on criminal deportees, and enabling those who were unlawful in New Zealand and wanted to return to their home country to do so,” she said.
她说：“当边境关闭时，驱逐出境的重点是犯罪被驱逐出境者，并使那些在新西兰非法并希望返回母国的人能够这样做。

INZ used the powers it had under the Immigration Act 2009 to remove people from this country. Steps in the process included serving deportation liability notices and deportation orders to people because of criminal activity or other public interest factors or from being unlawfully in New Zealand through overstaying a visa.
新西兰移民局利用其根据《2009年移民法》拥有的权力将人们驱逐出这个国家。该过程的步骤包括向因犯罪活动或其他公共利益因素或因签证逾期居留而非法滞留在新西兰的人送达驱逐出境责任通知书和驱逐出境令。

Most people who overstayed their visa were previously on a visitor visa, INZ figures showed. Most people left voluntarily when contacted.
移民局的数据显示，大多数签证逾期居留的人以前都持有访客签证。大多数人在联系后是自愿离开的。

Christchurch barrister Rupert Ward, who specialises in immigration and deportation, said a liability notice preceded an order for deportation.
基督城大律师鲁珀特·沃德（Rupert Ward）专门从事移民和驱逐出境的律师，他说，在驱逐出境的命令之前，有一份责任通知。

“Before that there are multiple warnings. To get to the stage of a deportation liability notice then something has happened to reach that point.
“在此之前，有多个警告。为了达到驱逐出境责任通知的阶段，会有一些事情发生来达到这一点。

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“Deportation only occurs once all avenues are exhausted,” Ward said.
“只有当所有途径都用尽时，才会发生驱逐出境，”沃德说。

Appeals against these notices were lodged with the tribunal which last year dismissed 67 applications against deportation notice, declined a further 21 and decided it had no jurisdiction to hear one application – a humanitarian appeal by a citizen of the Czech Republic.
对这些通知的上诉已向法庭提出，该法庭去年驳回了67份针对驱逐通知的申请，拒绝了另外21份申请，并决定它无权审理一项申请 – 捷克共和国公民的人道主义上诉。

The tribunal is administered by the Ministry of Justice and is chaired by a district court judge.
该法庭由司法部管理，由一名地区法院法官担任主审官。

Ward said the human stories behind deportation were complex and as broad as human experience.
沃德说，驱逐出境背后的人类故事是复杂的，与人类经历一样广泛。

The 41-year-old Vietnamese woman met the New Zealander in Vietnam in 2014. They were married three years later, and within another three years, they separated, after she and their two young children had followed him to New Zealand in February 2020.
这位41岁的越南妇女于2014年在越南遇到了这位新西兰人。三年后，他们结婚了，又过了三年，在她和两个年幼的孩子于 2020 年 2 月跟随他来到新西兰后，他们分居了。

The woman was declined an application for refugee and protection status in March last year and then appealed to the tribunal against the likelihood she would then be deported.
去年3月，这名妇女的难民和保护身份申请被拒绝，然后向法庭提出上诉，反对她随后被驱逐出境的可能性。

She did not want to return to Vietnam out of fear that her family would physically and psychologically harm her because she was a single mother with no family support.
她不想回到越南，因为她是一个没有家庭支持的单身母亲，她的家人会在身体和心理上伤害她。

The woman was ultimately granted a resident visa, despite the tribunal finding that her fears of persecution were not well-founded.
这名妇女最终获得了居留签证，尽管法庭认为她对迫害的恐惧没有充分的根据。

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The appeal focused on whether the woman’s deportation and its effect on her two New Zealand citizen children would give rise to exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for her to be required to leave New Zealand.
上诉的重点是，将这名妇女驱逐出境及其对她的两个新西兰公民子女的影响是否会引起人道主义性质的特殊情况，使要求她离开新西兰是不公正的或过分苛刻的。

The tribunal found that deportation would separate her from her two young children for whom the loss of contact with their mother would likely have a serious detrimental effect on their emotional and psychological wellbeing.
法庭认为，驱逐出境将使她与两个年幼的孩子分开，对他们来说，与母亲失去联系可能会对他们的情绪和心理健康产生严重的不利影响。

Ward said there were often sad stories accompanying deportation, with some finding themselves here through a family relationship when even a small mistake might result in someone getting a liability notice.
沃德说，驱逐出境时经常有悲伤的故事，有些人通过家庭关系来到这里，即使是一个小错误也可能导致某人收到责任通知。

“Often mistakes are made unintentionally that have serious consequences.”
“经常会无意中犯错误，从而产生严重后果。”

He also knows of instances when Immigration New Zealand “bent over backwards” to try to find a way to help.
他也知道新西兰移民局“向后弯腰”试图找到帮助的方法。

One client – a mother of three children was constantly facing the threat of deportation, but who was not well, and neither was she, like some others, capable of comprehending the complex rules and requirements around immigration and what was required of her.
一位客户 – 三个孩子的母亲经常面临被驱逐出境的威胁，但她身体不好，她也不像其他人一样，能够理解有关移民的复杂规则和要求以及对她的要求。

“They simply don’t understand, so what do you do? Send that person back to wherever and leave the children without a mother?”
“他们根本不明白，那你怎么办？把那个人送回任何地方，让孩子没有母亲？

Ward said the deportation team at immigration was extremely sympathetic to the client’s position and did their best to find a way to help her, but it was not always the case. Ward said he found inconsistencies in the approach from different immigration officers.
沃德说，移民局的驱逐团队非常同情客户的立场，并尽最大努力找到帮助她的方法，但情况并非总是如此。沃德说，他发现不同移民官员的方法不一致。

He said that while a small mistake might result in someone getting a liability notice if someone was convicted of a criminal offence, it was to be expected.
他说，如果有人被判犯有刑事罪，一个小错误可能会导致某人收到责任通知，但这是意料之中的。

“Cases of serious illegality are less blurred but the families often did no wrong and they might have to see the father deported, for example,” Ward said.
沃德说：“严重违法的案件不那么模糊，但家庭往往没有做错事，他们可能不得不看到父亲被驱逐出境。

A 48-year-old citizen of Kiribati who became a New Zealand resident in February 2018, had his appeal against deportation declined after he went to jail for raping a young girl.
一名48岁的基里巴斯公民于2018年2月成为新西兰居民，在他因强奸一名年轻女孩入狱后，他对驱逐出境的上诉被拒绝。

The man, whose name was suppressed, appealed deportation on humanitarian grounds after he was convicted and sentenced to almost nine years in prison in May 2021, for serious offences, including performing an indecent act on a young girl, committed between February and September 2019.
这名男子的名字被保密，以人道主义为由提出上诉。他在2021年5月被定罪并被判处近9年监禁后，罪名是2019年2月至9月期间犯下的严重罪行，包括对一名年轻女孩进行猥亵行为。

The man first visited New Zealand on a work visa between July and October 2012, before returning to Kiribati.
这名男子于2012年7月至10月期间首次持工作签证访问新西兰，然后返回基里巴斯。

Two attempts to gain residence through the Special Policies (Pacific Access Category) were unsuccessful until January 2018 when he, his wife and their three children were granted residence.
他两次试图通过特殊政策（太平洋准入类别）获得居留权，但均未成功，直到2018年1月，他、他的妻子和他们的三个孩子才获得居留权。

The offending happened the following year, after which the man was served with a deportation liability notice in August 2022, which he then appealed against on several grounds including the interests of his children, his wife’s health, and the situation in Kiribati that he would return to, that would make it unjust or unduly harsh for him to be deported from New Zealand.
犯罪发生在第二年，之后该男子于 2022 年 8 月收到驱逐出境责任通知书，然后他以多种理由提出上诉，包括他孩子的利益、他妻子的健康状况以及他将返回的基里巴斯的情况，这将使他被驱逐出新西兰是不公正或过度苛刻的。

The tribunal ultimately found there were exceptional circumstances of a humanitarian nature but they did not make it unjust or unduly harsh for the appellant to be deported from New Zealand, and the appeal was declined.
仲裁庭最终认定存在人道主义性质的特殊情况，但这些情况并没有使上诉人被驱逐出新西兰是不公正或过分严厉的，上诉被驳回。

Ward said that quite often a person deported was not barred from reapplying from overseas.
沃德说，被驱逐出境的人通常不会被禁止从海外重新申请。

“It’s not the end of the story even if they are deported.”
“即使他们被驱逐出境，这也不是故事的结局。

Ward, who was also an Australian barrister and had some involvement in Australian immigration, felt that New Zealand authorities put a higher emphasis on not dividing families than Australia did.
沃德也是一名澳大利亚大律师，并参与了澳大利亚移民事务，他认为新西兰当局比澳大利亚更重视不分裂家庭。

He said sending people back to New Zealand to survive without their children, without whānau, and no support opened the door to problems but he had also met people who had turned their lives around from the shock of deportation to New Zealand.
他说，将人们送回新西兰是在没有孩子、没有家庭、没有支持的情况下生存，这为问题打开了大门，但他也遇到了一些人，他们的生活从被驱逐到新西兰的震惊中扭转了过来。

Ward said if someone facing deportation did not agree with the tribunal’s decision (based on humanitarian grounds), they could appeal to the High Court, but again, it was a high test.
沃德说，如果面临驱逐出境的人不同意法庭的决定（基于人道主义理由），他们可以向高等法院提出上诉，但同样，这是一个很高的考验。

“It would not simply rehear the issues. One needs to generally establish a mistake of law or a public interest angle to justify a judicial review.”
“它不会简单地进行复审。一般而言，需要确定法律错误或公共利益角度，才能证明司法审查是合理的。

– This story was first published by the NZ Herald
– 本文首发于《新西兰先驱报》

分类： 澳纽资讯

(即时多来源) 新西兰英语新闻 New Zealand English News

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