Convicted killer loses deportation appeal after living illegally in NZ for 12 years – Stuff.co.nz

A man who entered New Zealand without declaring a manslaughter conviction, then stayed illegally for over a decade, has lost his fight to remain in the country.

Ualetenese Fiso, now 65, came to Auckland from Samoa in 2009 with his two young daughters.

The women, who are now in their 20s, have since been adopted by extended family members and granted New Zealand residence.

However, Fiso lived here unlawfully, with a family member, after his visitor permit expired in November 2009.

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In late 2020, Fiso was arrested, served with a deportation order, and told he must leave New Zealand by the following February.

He then appealed his deportation to the Immigration and Protection Tribunal. Its decision was made in November 2021 and has recently been released online.

Tom Lee/Stuff

Ualetenese Fiso served a four-year sentence for manslaughter before coming to New Zealand. (File photo)

As part of his appeal, Fiso provided a number of forms, including one that disclosed he had served four years in prison from 1980 to 1983 after being convicted of manslaughter.

When asked why he had not disclosed the conviction earlier, such as when he first applied to come to New Zealand, Fiso said he understood it had been wiped.

I can only understand that there was an amnesty for some convictions during a milestone celebration of independence somewhere in 2000-something, he told the tribunal.

Fiso argued deportation was unjust as it would separate him from his family in New Zealand. He had also not worked since his visitor permit expired, and it was unlikely he would be able to find employment in Samoa.

The tribunal acknowledged he would have a difficult adjustment to life if deported.

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A tribunal ruled Ualetenese Fiso should be deported after 12 years in New Zealand. (File photo)

However, those difficulties could have been avoided if he had left New Zealand after the expiry of his visa in 2009.

Further, if he had disclosed his manslaughter conviction, it was unlikely he would have ever been permitted to enter New Zealand, it said.

The appellants claim that he believes he was exonerated for this offence is not supported by any credible evidence and is not accepted.

The tribunal acknowledged Fiso faced separation from his daughters, but said they were now adults who were able to support themselves.

It ruled he should be deported.

Martin De Ruyter/Stuff

Those with certain criminal convictions are not permitted entry to New Zealand unless they obtain a character waiver. (File photo)

Those seeking tourist visas to New Zealand were not required to produce a police certificate, according to Immigration New Zealand.

Police checks were only carried out when people sought residence or applied for a temporary visa for 24 months or longer.

However, those applying for visitor visas were required to declare whether they were under investigation or had a criminal conviction in any country.

People with certain convictions were not permitted entry unless a character waiver was granted, Immigration New Zealands acting general manager of border and visa operations Stephanie Greathead said.

We rely on applicants to fill out forms truthfully and in full. It is an offence, under the Immigration Act, to make a false declaration in an application form.

Samoas Ministry of Justice and Courts Administration could not be reached for more details on Fisos manslaughter conviction.

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Convicted killer loses deportation appeal after living illegally in NZ for 12 years - Stuff.co.nz