A man who took part in the gang rape of a woman in her own bed has lost a battle against deportation.
He was jailed for more than eight years in 2018 and will be sent back to India when he is released.
The 29-year-old rapist told the Immigration and Protection Tribunal he would be heartbroken if he was separated from his four children and stepson.
The tribunal turned down his appeal but said he could apply to visit his family in the future. He was one of three men who raped the woman in 2015, holding her down and ignoring her pleas to stop.
“The judge found that the offending involved a clear abuse of trust of a very vulnerable victim who was raped in her own bed,” it said in its decision.
“The series of rapes had had a significant impact on her. In her victim impact statement, she described losing a significant amount of weight, becoming anorexic, struggling with depression and severe anxiety, losing friends and requiring multiple sessions of counselling.”
The man, who has lived in New Zealand for a decade and has residence, had previously been convicted for giving a friend’s name to avoid a $1000 medical bill and has a protection order against him after he assaulted a previous partner.
The tribunal heard he had not been involved in the raising of his children for the past four years because of the jail term.
“Therefore, although [he] has lived in New Zealand for 10 years, he cannot be said to have been well-settled here. He does not seem to have been able to assimilate successfully into New Zealand society or to take up, in a concerted way, the social responsibility which was required of him.”
The tribunal acknowledged the distress his deportation would cause him and his family.
“It is not overlooked that if the appellant is deported, then the three sons would be deprived of an opportunity to have regular physical contact with him. This will bring much sadness to their mother and will likely have a measurable impact on them.
“Nevertheless, [his] physical presence has not been an ongoing factor in the lives of the three sons: As such, it is not something to which they are accustomed that will be taken from them. There has been daily contact by telephone and video calls which can continue in India.”
He was rejected for release at his last parole hearing in February.