Residence Appeal: [2013] NZIPT 201812

Representative for the appellant: Antees Joseph

Date of Appeal Decision: 22 November 2013

Category: Partnership

Decision Outcome: Referred to Minister, Minister granted residence.

Family (Partnership) category / India / INZ declined the application as sponsor not eligible / decline decision correct / F2.5 / F2.10.10 / sponsor husband a successful principal applicant under Partnership category and previously sponsored a successful applicant under same category / special circumstances found / relationship genuine and stable / after couple’s marriage, appellant remained in India to care for her parents-in-law / as NZ-residents, parents-in-law moved to NZ / appellant granted visa to visit terminally ill father-in-law / remained since, assisting husband to care for his ailing mother / couple have NZ-citizen son / while appellant made consistent attempts to regularise her status in NZ, primary barrier has been husband’s ineligibility as sponsor / strong family nexus to NZ / recommendation to Minister of Immigration that the appellant’s special circumstances warrant consideration as an exception to instructions / section 188(1)(f) / Minister granted residence