A 52-year-old New Zealand resident is set to be deported after sexually assaulting his stepson, according to a recent Immigration Tribunal decision.

The man, who came to New Zealand from Samoa in 2011, argued it was in the best interest of his wife and 3 children that he stay – despite being convicted of abusing his stepson while the child was in his care.

He also argued that he was falsely convicted, claiming that his in-laws conspired against him.

The tribunal found there were no exceptional humanitarian circumstances in the man’s deportation. His appeal to stay was denied.

While living in Samoa in 2008, the man met a woman referred to as AA in the decision.

The pair started a relationship and, by 2011, the appellant moved to New Zealand to live with AA and her son. Because AA worked full-time, the man looked after his stepson at home.

Alarm bells sounded in 2013 when the man slapped his stepson, causing the child’s tooth to fall out. Oranga Tamariki became involved, and the man went to counselling.

The man and AA continued their relationship and later had 3 children of their own.

In 2017, the stepson – with the support of his mother’s family – spoke up about other violence he had suffered while living with the appellant.

This was both physical and sexual abuse.

The appellant was charged with 3 sexual offences and 5 offences of assault, all against his stepson, who was under 12 years old at the time.

In 2020, he was found guilty and sentenced to 10 years imprisonment.

The man claimed he was wrongfully convicted, stating he was “standing up for the truth” and was “not that kind of person”.

From prison, he regularly calls his wife and three children. His wife, AA, believes he is innocent, and has been isolated from her extended family, who are looking after her son.

Counsel argued that the man demonstrated a “complete denial of responsibility”.

The tribunal found that while it would be difficult for the family if the man were deported, that didn’t amount to exceptional circumstances of a humanitarian nature.

“He will have a place to live and will have the prospect of supporting himself and his family.

“Deportation will not separate him from his wife, because she has indicated that she would return with him,” the Tribunal said.

The appellant is set to be deported when his prison sentence is completed.

Where to get help

• If you or someone else is in immediate danger, call 111.
• Rape Crisis 0800 88 33 00, click link for local helplines.
• Victim Support 0800 842 846.
• Safetalk text 4334, phone 0800 044 334 webchat safetotalk.nz or email support@safetotalk.nz.
• The Harbour Online support and information for people affected by sexual abuse.
• Women’s Refuge 0800 733 843
• Male Survivors Aotearoa Helplines across NZ, click to find out more (males only).
• If you or someone you know is in a dangerous situation, click the Shielded icon at the bottom of this website to contact Women's Refuge in a safe and anonymous way without it being traced in your browser history. If you're in our app, visit the mobile website here to access Shielded.

-Stuff.