An Indian-origin IT professional who has spent more than a decade in New Zealand is facing deportation after an immigration tribunal rejected his appeal, despite acknowledging the potential impact on his marriage, mental health and family home.
As per Awaaz, the 40-year-old Mumbai-born man became liable for deportation following a dangerous-driving conviction arising from a road-rage incident in January 2024. He had moved to New Zealand in 2015 and obtained residence in July 2022.
The Immigration and Protection Tribunal (IPT), in a decision issued on 23 October 2026, concluded that his circumstances did not meet the exceptional humanitarian threshold required to overturn the deportation decision.
According to the tribunal’s findings, the confrontation began while the man was driving to work with his wife. A motorcyclist passed his vehicle and kicked its wing mirror.
The situation escalated when the driver pursued the motorcyclist, attempted to force him off the road and later blocked his path. The man then deliberately drove into the motorcyclist, injuring his leg.
He initially left the scene but returned shortly afterwards and was arrested. In January 2025, he pleaded guilty to dangerous driving causing injury. The court disqualified him from driving for 12 months and ordered him to pay NZ$6,402 in reparation.
His conviction subsequently placed his New Zealand immigration status at risk.
In challenging deportation, the man highlighted the life he had established with his wife, who is also an Indian citizen but holds New Zealand permanent residence. She told the tribunal she wanted to remain in New Zealand because her career and immediate family were based there.
The couple had purchased a house-and-land package in late 2023, partly with financial assistance from his parents in India. The tribunal accepted that his removal could place significant pressure on their relationship and potentially lead to the end of their marriage.
His health circumstances also formed a major part of the appeal. Evidence presented to the tribunal showed that a debilitating medical condition had affected his capacity to work. He resigned from his IT job in February 2025 as his condition deteriorated and returned to full-time employment in June 2026 after psychological treatment costing more than NZ$8,000.
At the time of the hearing, he was earning NZ$75,000 a year, while his wife earned NZ$130,000. His representatives argued that deportation could disrupt his recovery and leave the couple facing the prospect of selling their home.
The tribunal acknowledged the medical and personal difficulties but found there was insufficient evidence that he would be unable to manage his condition or obtain treatment in India. It also noted his professional qualifications, work experience and family support in Mumbai.
The decision further observed that his wife, as an Indian citizen, could legally live and work in India, although she had made clear her preference to remain in New Zealand.
The tribunal also considered the steps he had taken since the offending. He had completed a 20-week anger management programme, undertaken several driving courses, paid the full reparation amount and demonstrated remorse.
However, tribunal member L Wakim found that these rehabilitation efforts did not establish exceptional humanitarian circumstances. The tribunal also considered the consequences of the road-rage incident for the injured motorcyclist and the man’s own family.
Although the appeal was dismissed, the tribunal allowed him up to six months from 23 October 2026 to leave New Zealand. The additional time is intended to give him an opportunity to organise his affairs, including decisions about the couple’s jointly owned property.
In a further concession, the tribunal removed the permanent prohibition on his return to New Zealand that would otherwise apply following deportation.
He may therefore be able to visit his wife or apply for another visa in the future, but any application would still require approval from Immigration New Zealand.
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