Warning: This article covers rape.
A man on a resident visa who gang-raped a " very vulnerable" woman with two friends has been deported from Aotearoa, after his attempt to stay for the sake of his children.
In a decision released from the Immigration and Protection Tribunal, it detailed the raping of the woman in her bed in 2015, which saw the man jailed in 2018 for eight years and six months.
The man's sentencing took place in the Tauranga District Court. Judge Christopher Harding said the then 23-year-old who has not been named, entered the woman's bedroom, held her down and raped her.
After he raped the woman, his friends did the same one after each other, Judge Harding found the offence to be "a clear abuse of trust of a very vulnerable victim".
"The series of rapes had a significant impact on her."
The man appealed his eight years and six months sentence - which saw the Court of Appeal substitute the sentence with eight years and one month behind bars.
In the victim's impact statement she detailed losing a "significant amount" of weight and becoming anorexic following the horrific rape.
She struggled with depression and severe anxiety requiring multiple sessions of counselling.
The man born in the Punjab state in India arrived in Aotearoa in 2011 as a holder of a one-year student visa, he then met a New Zealand citizen and married in 2013.
The couple had a son in late 2013, and was then granted a one-year work visa - in 2015 the man was granted a partnership-based work visa.
The man then applied for residence under the Family Partnership category, Immigration New Zealand granted a character waiver before approving his application after obtaining over $1000 by deception in 2013.
He was sentenced to 80 hours of community service and ordered to pay $3,800.
About two months before the rape, the man then assaulted his then-wife, which saw him convicted and find $750.
In a bid to remain in Aotearoa the man told the tribunal he wanted to reconnect with his two children after the separation from his wife, after not seeing them for many years due to a protection order.
He added he wanted to remain in Aotearoa with his current partner who he has 5-year-old twins with.
But the counsel for the immigration minister remained strong in their stance that the man should be deported due to the serious nature of his offending and advised keeping in touch with his children and partner through calls and emails.
And while the man had spent about 10 years in Aotearoa, the tribunal recognised he had spent much of that time in jailed - which saw his deportation.
Where to find help and support:
Shine (domestic violence) - 0508 744 633
Women's Refuge - 0800 733 843 (0800 REFUGE)
Need to Talk? - Call or text 1737
What's Up - 0800 WHATS UP (0800 942 8787)
Lifeline - 0800 543 354 or (09) 5222 999 within Auckland
Youthline - 0800 376 633, text 234, email talk@youthline.co.nz or online chat
Samaritans - 0800 726 666
Depression Helpline - 0800 111 757
Suicide Crisis Helpline - 0508 828 865 (0508 TAUTOKO)
Shakti Community Council - 0800 742 584
