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Grant Of Character Waiver Request

Name : Ayush

Nationality : India

Problem : False allegation of assault and arrest by partner resulting into visa being declined

Category : Character Waiver Request

This is the case study of Ayush who started his academic journey in September 2014 in New Zealand.

Ayush came to New Zealand on a student visa to study for a two year Diploma in Computer Network Engineering. He finished his first year with flying colours, and excellent attendance record. Soon after he enrolled to complete his second year as he wanted to continue with his studies.

However, fate intervened when in a work-related accident, his left leg was burnt, and he suffered grievous injuries. He was admitted to the hospital for several days. He had undergone surgery and the treatment went on for a long period. Even after the treatment got over, he was under constant medical monitoring.

After Ayush felt slightly better, he wished to return to his daily routine of studying at his college and working part-time. However, he struggled to convince the college authorities to let him continue with his course but all in vain. The college decided that he could not attend his classes and continue with the course because he had missed quite a few classes and there were some changes in the course curriculum as well.

The decision of the college authorities disheartened Ayush, who then complained to Public Trust and ultimately, when his pleas were not acceded to, he applied for a refund of the tuition fees.

The downward spiral continued and it was during this time that his ex-girlfriend manipulated him into applying for a partnership-based work visa instead of a student visa. Ayush was in his lowest spirit and couldn’t think clearly about his future and decided to take his ex-girlfriend’s advice.

However, he soon learned that she had advised him to apply for a partnership based visa so she could blackmail him and get easy money out of him. When Ayush refused to get blackmailed, his ex-partner filed a false case against him. An allegation of assault is considered a very serious offense in NZ and dealt with accordingly.

Ayush was arrested and spent four months in custody. While he was in custody, he was served a deportation liability notice. Immigration New Zealand required him to surrender his passport. However, it was surrendered in the Criminal Court. During this time, his partnership visa was also cancelled, rendering his status unlawful in NZ.

There was some respite for Ayush when the false charge on him was dismissed by the Court. The Court adjourned the application to enable Ayush to apply for judicial review for his deportation order. The judge was of the opinion that he was manipulated by his girlfriend into applying for a partnership visa and then was subject to blackmail and false allegation of assault. At last, Ayush was free of the false charges and could concentrate to get his life back on track. Another Good news soon followed when a Minister cancelled his deportation liability and granted him an open work visa for four months under Section 61 of the Immigration Act.

Ayush knew that his work visa would soon expire and that he needed professional help to assist him with his next visa application. Hence, he did his research online and set up meetings with Licensed Immigration Advisers and Immigration Lawyers. Quite a few professionals were of the opinion that his circumstances were too complicated and that he should go back to India. However, Ayush was not convinced with them and didn’t feel that they would be able to present and advocate his case well. He was determined to try because he knew that he hadn’t done anything wrong. Then Ayush was suggested by a friend to meet Vandana Rai of Immigration Advisers NZ Ltd. She has represented his friend’s case, that wasn’t straight forward, a few years back, and got a successful outcome from Immigration New Zealand.

Ayushthen met Vandana Rai, and was pleasantly surprised to see how patiently she listened to him, and the focussed questions that she asked him. He immediately felt at ease and told Vandana Rai the truth of what transpired and how his lie was changed for the worse. Vandana was very supportive, and assured him that she would do her best to try to give him a second chance at his life, here in NZ. It is needless to say that the case was complicated as Ayush had a complex immigration history. However, Vandana advised Ayush to submit all the relevant documents and evidence so she could prepare his advocacy.

After Ayush’s visa application was submitted, INZ had a few concerns with regards to his intentions, work rights breach, past academic record, bond fides, and his financial history and hence, Vandana was once again required to submit submissions and the evidence that would help mitigate the concerns and so, she did. Several pieces of evidence of his bona fides like sworn affidavit of an expert, Court proceedings documents, decisions regarding Ayush’s cases, cancellation of deportation liability by the Minister, etc. were placed on record to prove he had genuine intentions to study and that his circumstances were beyond his control.

After that, Ayush’s soon got his visa and has a special memory of the day he received the good news. He continues to be in touch with IANZ team members and we are thrilled to see that he is doing well in his academics. We wish him good luck for the future.

Disclaimer: The applicant’s name has been changed to protect his privacy.

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