A Chinese millionaire couple who divorced and married marriage marriages to live there, won 15 years of struggle to stay in New Zealand.
The immigration and protection tribunal, in a decision taken in March, said that Jinqing Hu and Guifeng Li's "wholly guilty" behavior outweigh the hardships of their four children if they were deported.
They were last instructed to prepare to return to China two years ago after a temporary postponement of deportation for their eldest daughter to finish the school. She has since then enrolled at the university.
The couple told the tribunal that they would leave their 14-year-old son, a New Zealand citizen, in state help or find other accommodation for him if they were deported.
He was born in 2003, four months after they arrived in New Zealand.
The couple had claimed that their marriage broke a month after they arrived and that they had started new relationships with New Zealand residents.
They obtained work visions and filed residence applications on the basis of fake partnerships, they took back in 2007 and later admitted that their divorce and marriages were conceived to live there.
Upon hearing an appeal against their second expulsion order and after a failed attempt by the couple to have a judicial review and to have a hearing of the Court of Appeal, the Tribunal decided in their favor, noting that decisions difficult when it came to "parents who clearly violate the immigration laws of New Zealand and also their impeccable children".
The couple told the tribunal about the educational, social and health costs they would incur if they were deported.
They said they did not know how much they would be fined for violating the policy for one child or "how many horrors [they] will endure ".
The Tribunal noted that two years ago, the couple recorded the net worth of their New Zealand immigration assets at more than $ 3,500,000 with annual rental and operating income of $ 246,000.
"Counsel's claims about the impoverishment of the family in China are being made in the face of the couple that owns eight rental properties in Auckland," it said.
"The Tribunal rejects the arguments that Hu and Ms. Li would not be able to provide financially for their children in China, and treat their claim that they would leave [their son] in New Zealand in state aid with some caution.
"Nonetheless, the Tribunal simply accepts that life in China after their life in New Zealand would be a huge challenge for the four children and a blow from their current lifestyle, education, environment and friends."
The couple told the tribunal that they had admitted their deception after they converted to Christianity, but said that their children – 19, 14, 12 and 9 years old – were innocent and should not be punished by deportation or separation from their parents .
"This was finally achieved by the unfair representations of Mr. Hu and Ms. Li against New Zealand immigration, that they were married to New Zealand residents, followed by their opposition to any suggestion to leave this country," concluded the tribunal.
"They have maintained their stay here despite numerous warnings during a period of more than 12 years that they did not have the status to do so, and that they could not expect to remain permanent.
"In the letter from the Tribunal to the appellants, it asked Mr. Hu and Ms. Li what responsibility they thought they had for their actions, as far as possible negative consequences for their children and their future.
"In response, they stated that they had come in 2003 to escape the outbreak of the SARS epidemic and not want to return with two children at that stage.
"They explained that they were told by an immigration consultant, to whom they paid a large sum of money, that the only way they could get a stay was through marriages of convenience.
"They say that the" terrible fact "was that because of their" stupid decision "to enter into these marriages, they were forced to introduce fraudulent evidence over and over again. serve at Immigration New Zealand, which had unpardonable consequences & # 39 ;.
"They said they were anxious, confused, and disoriented until March 2006 when they were baptized into Christianity. & # 39;
Read the full decision here.