Indian human trafficking victim denied visa after testimony he feared put his life in danger

BEVAN READ/STUFF

A man who testified in a human trafficking trial faced deportation, despite receiving death threats from people back home in India (file photo).

A human trafficking victim has successfully overturned a decision by Immigration New Zealand to deny him a visa, despite facing the threat of death if deported back to India.

The 30-year-old is one of 15 people who faced deportation after giving evidence in a trial described as the country's first human trafficking case.

The witness was asked by Immigration New Zealand to attend the High Court trial, where he gave testimony that he feared had put his life in danger.

He later said he received death threats from people back home in India.

However, Immigration New Zealand declined his visa application to stay in New Zealand on the grounds it was "not satisfied" he would be in danger if deported.

The decision to deny the visa was quashed in the Immigration and Protection Tribunal in June.

The tribunal found that decision was made without properly assessing the man.

Lawyer Rodney Hooker, who represented the man, said there were 15 human trafficking victims in total fighting to stay in the country. 

"Immigration NZ refused to give them temporary visas, so they had to stay here unlawfully while they pursued the application for a residence visa, which is solely based on fear they have of returning home," Hooker said.

"It seems unfair, if not illogical that you would deny them temporary visas while they pursued their residence application."

The man made his application for residence under the Special Residence Category Victims of People Trafficking in April 2016. 

His application, which included his wife, 34, and two children, 5 and 9, was declined in May 2017.

With his application, he provided a copy of a letter from New Zealand Police certifying him as a victim of people trafficking. 

The tribunal said Immigration New Zealand "failed to take into account relevant evidence about the man's circumstances".

Also, it did not conduct an interview with him and incorrectly assessed his inability to return to India, the tribunal decision said.

The man agreed to give evidence for Immigration New Zealand at the High Court trial, regarding his recruitment as an agricultural worker under the Recognised Seasonal Employer (RSE), his arrival in New Zealand, his false claim to refugee status and return to India. 

This man's appeal is one of several "nearly identical" cases, the decision said.

All relate to people trafficked from India to work for the same employer in New Zealand, who have all claimed to face very similar circumstances.

Many were witnesses in the criminal proceedings against Jaswinder Singh Sangha, Satnam Singh and Kulwant Singh, who faced a trial widely described as New Zealand's first human trafficking case.

During the trial, it was alleged the victims paid about $33,000 each on the promise of receiving two-year work visas and jobs in New Zealand, and that they mortgaged their homes and borrowed money to pay for the visas.

However, en route to New Zealand, the men discovered their visas were only for seven months and the jobs they had allegedly been promised fell through.​

Kulwant Singh was found guilty of human trafficking, while the other two defendants were found not guilty.

Immigration New Zealand has now been ordered to reassess the victim's application.