Residence Appeal No: 15713b

Appeal: 15713b

Repesentative for the Appellant: Antees Joseph.

Date of Decision: 31 July 2008.

Category: Family (Dependent Child).

Decision Outcome: Section 18D(1)(b). Family (Dependent Child) category / Tonga / INZ declined the application as the appellant had failed to provide a court order conferring sole custody of the appellant on her father / F5.1 / F5.20 / sections 9, 11 Oaths & Declarations Act 1957 / INZ satisfied the appellant met the requirements of F5.1 / appellant under 16, single, and totally reliant / INZ requested the appellant produce a court order from Tonga / failure to provide this order the basis for INZ's decision to decline / F5.20 includes three options for establishing that the New Zealand-resident parent has custody / third option is for "legal documents" showing the New Zealand citizen or resident parent has custody / appellant's parents submitted three different statutory declarations or affidavits in which the appellant's mother purported to relinquish all rights to the custody of and the management of the day-to-day life of the appellant / these rejected by INZ / not correct / Oaths and Declarations Act provides for the making of declarations and oaths both within and outside New Zealand / one affidavit properly sworn before the Commissioner of Oaths in Tonga / also a custody and guardianship agreement executed as between the parents / both are legal documents and satisfy the requirements of policy at F5.20.c.iii / the INZ decision is incorrect and reversed by the Board / appeal successful / section 18D(1)(b)