Chinese siblings fight deportation battle

  • 02/09/2015
Passport (File)
Passport (File)

Two Chinese siblings whose father was deported because of his drug convictions have had a victory in the Supreme Court to continue their fight against also being deported.

The Supreme Court says Jiaxi, now in her 20s, and Jiaming Guo, nine, should be allowed to go to the High Court to appeal an Immigration and Protection Tribunal decision deporting them.

Jianyong Guo and his wife Meihua Hong arrived in New Zealand in 2002 with their 11-year-old daughter Jiaxi.

Jiaming (called William) was born here in 2006 but is not a New Zealand citizen.

In 2006, the father was granted residency, with his wife and Jiaxi and Jiaming as secondary applicants.

The couple's second child Ellen, born in 2004, is a New Zealand citizen by birth and has never left the country.

However, in 2008 the father was jailed for five years and three months for importing pseudoephedrine, which also attracted a deportation order.

Because he was the primary applicant for residence, the deportation order also applied to the secondary applicants, his wife and two of his children.

Both parents are now in China.

The immigration tribunal said it would not be "unjust or unduly harsh" for the children to be deported along with their father.

But the Supreme Court justices say the tribunal may not have legally interpreted the description properly and it granted leave to appeal to the High Court.