Man who assaulted pregnant partner to be deported to India

A man who assaulted his pregnant partner has lost his appeal against deportation from New Zealand.

Vipul Vipul,​ 22, originally entered the country on a student visa. However, his enrolment was later terminated due to poor performance and attendance and his visa was cancelled.

Vipul, a citizen of India, then applied for a partnership-based work visa. Immigration New Zealand declined that application because of concerns he and his partner – a New Zealand citizen – were not in a stable relationship.

That was because of “multiple family harm episodes during the course of their two-year relationship”.

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A recently-released Immigration and Protection Tribunal decision showed Vipul and his partner were both, at various times, recorded as the perpetrators and the victims of the family harm.

Vipul was charged with, and later pleaded guilty to, two counts of common assault.

The incident that led to one of the assault charges occurred while his partner was pregnant, the decision showed.

Vipul became liable for deportation as he did not have a valid visa.

In his appeal to the tribunal, he said he should be allowed to stay in New Zealand with his partner and his now 9-month-old son, a New Zealand citizen.

He said Immigration New Zealand’s assessment of his relationship was unfair: “In particular, it focussed on the negative aspects of their partnership and the family harm episodes. The couple have a strong emotional bond that has kept them together and they are now a family of three.”

He and his partner were starting an anger management course, he said, and he was learning to “stay away from police matters”.

During the course of the appeal, the tribunal received an updated police certificate for Vipul, recording a total of 22 family harm episodes between the couple.

It also recorded a new common assault charge against Vipul and showed his partner had obtained a protection order against him, which he had breached. He had also been arrested for breaching his bail conditions.

In April, Vipul was sentenced to three months in prison.

The tribunal did not accept his claim he and his partner were in a genuine and stable relationship.

Instead, it had been “characterised by a considerable and increasing number of family harm episodes”, its decision said.

While Vipul and his partner had claimed many of the police callouts had arisen from “the partner’s behaviour and anger”, the partner did not have any convictions or active charges, the tribunal noted.

The couple’s baby boy had also been present during some of the more recent family harm episodes. Because of this, it was in the child’s best interests to remain in his mother’s care in New Zealand while Vipul returned to India, it ruled.

The tribunal declined Vipul’s appeal.

Where to get help for domestic violence

• Women’s Refuge 0800 733 843 (females only)
• Shine Free call 0508 744 633 between 9am and 11pm (for men and women)
• 1737, Need to talk? Free call or text 1737 to talk to a trained counsellor.
• Kidsline 0800 54 37 54 for people up to 18 years old. Open 24/7.
• What’s Up 0800 942 8787 (for 5 to 18-year-olds). Phone counselling available Monday-Friday, noon-11pm and weekends, 3pm-11pm. Online chat is available 3pm-10pm daily.
• Youthline 0800 376 633, free text 234, email talk@youthline.co.nz, or find online chat and other support options here.
• If you or someone else is in immediate danger, call 111.

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