Highlights
- 27-year-old Gurwinder Singh is set to be deported for his conviction over drink driving and offering bribe
- Immigration New Zealand was not satisfied that he was of good character in light of his offending
- In his appeal, he said it would be difficult for him to settle back in India in the wake of the COVID-19 pandemic
Gurwinder Singh, a 27-year-old man from the Amritsar district in India's northern state of Punjab, has lost his right to stay in New Zealand after The Immigration and Protection Tribunal found his plea non-satisfactory.
The tribunal heard that Mr Singh attempted to offer a $200 bribe to a police officer after he was caught driving under double the prescribed amount of alcohol in May 2019 (100 milligrams of alcohol per 100 millilitres of blood, against the legal limit of 50mg).
Mr Singh then pleaded with the police officer not to take any further action, a request that the officer refused, the tribunal's decision states.
On 3 February 2021, the appellant was convicted of perverting the course of justice (maximum sentence: seven years' imprisonment) and driving with an excess blood alcohol.
Mr Singh was sentenced to six months home detention and $170 reparation and was disqualified from driving for six months.
After this conviction, he was served with a deportation liability notice as Immigration New Zealand was "not satisfied that he was of good character in light of his offending".
Image used for representation purpose only. Source: Getty Images AsiaPac
On 24 March 2021, Mr Singh approached the tribunal, stating that he was well settled in New Zealand, is remorseful for his offending, and has no other convictions.
In his submissions to the tribunal, Mr Singh also stated that during his stay in the country, he completed two diplomas in business and worked as an assistant manager at a dairy shop, as a shop manager for a cafeteria, and as a contract negotiation manager for a kiwifruit orchard contracting firm.
In doing so, he supplied statements from his former employer, work colleagues and friends who described him as "a kind-hearted, hard-working and trustworthy person."
He also supplied a letter from the president of the local Sikh temple that referred to his community involvement and services.
In his appeal, Mr Singh also stated that he provided financial support to his family, and if he were to return to India, particularly in the wake of the COVID-19 pandemic, he would find it difficult to get a job there.
Image used for representation purpose only. Source: Pexels
The tribunal noted that the COVID situation at his hometown Amritsar had improved considerably and didn't find his individual circumstance "to be well outside the norm".
"He has now acquired qualifications and valuable work experience, with good references, which should assist him to find employment in India," the tribunal states in its decision on 11 June 2021.
The tribunal concluded that Mr Singh did not meet the conditions set for "exceptional circumstances of a humanitarian nature", and hence his appeal was rejected.
However, the tribunal gave him three months to prepare to return to India against the backdrop of the pandemic and possible travel restrictions that may temporarily hinder his return.
