An Indian migrant worker has lost his bid to remain in New Zealand after the Immigration and Protection Tribunal upheld a deportation order stemming from his conviction for paying for sexual services from a girl who was actually 13 years old.
According to a report by the New Zealand Herald, Nishanth Parakudiyil Prahladan, 25, was caught up in an illegal Rotorua prostitution ring uncovered in 2023 involving women and underage girls.
The tribunal heard that Prahladan arranged a meeting through an online escort website and travelled from Tauranga to Rotorua in January 2023, believing he was meeting a 19-year-old woman. He paid NZ$250 for sexual services. The girl was later identified as being just 13 years old.
Prahladan pleaded guilty to entering into a contract for the provision of sexual services from a minor. Although the sentencing judge accepted he believed the girl was 19 and noted the offence was one of strict liability, he was sentenced to six months and two weeks of home detention.
Following the conviction, Immigration New Zealand issued a deportation liability notice.
Prahladan appealed, arguing that deportation would cause severe hardship. He told the tribunal he had lived in New Zealand for six years, completed qualifications, worked in a skilled job and regularly sent money to support his mother in India, who is undergoing cancer treatment.
He also claimed he would face social stigma, difficulty finding employment and accommodation, and possible threats from vigilante groups if returned to India.
The tribunal acknowledged that Prahladan had established a life in New Zealand and had been supporting family members financially. However, it ruled that these circumstances were not exceptional and did not meet the high humanitarian threshold required to overturn a deportation order.
It further found there was insufficient evidence that he would face serious harm in India, noting he retained close family and cultural ties to the country and could relocate if necessary.
The tribunal also noted that sending money home and becoming settled through study and employment were common experiences among migrant workers and did not constitute exceptional humanitarian circumstances.
While dismissing the appeal, the tribunal granted Prahladan a six-month work visa, allowing him time to arrange his departure and continue supporting his family before leaving New Zealand.
Prahladan has separately appealed his criminal conviction, arguing he entered his guilty plea while under emotional distress and misunderstanding his legal position. The outcome of that appeal is still pending.
The tribunal said there were clear indications he was unlikely to reoffend and was not considered a risk to the public during the additional period he would remain in New Zealand.
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