Concern for children sways appeal against deportation

An English couple who lied to get into the country with fake documents and later split up have been allowed to stay for family reasons.

Glenn and Katerina Bacon made separate appeals to the Deportation Review Tribunal to remain in the country after their residency was revoked.

They have three primary school-aged children - two boys and a girl - and now live with new partners.

Mrs Bacon dobbed in her husband to immigration authorities when they separated in 2002 and he started a relationship with another woman.

Mrs Bacon thought she would be protected from prosecution but both were charged with using a document with intent to defraud. They were convicted and fined $2000.

Mr Bacon admitted he used two forged qualification certificates in the application for residency, which was granted to the family in May 2000.

Mrs Bacon told the tribunal she was aware the documents were forged when the family applied for residency.

The Immigration Service argued that Mrs Bacon should have known the consequences of submitting false certificates and the revocation of her permits was "simply a flow-on effect of the fraud".

Immigration said the family's return to England would not be unjust or unduly harsh. Britain had a standard of living equal to if not higher than NZ's.

The tribunal stressed that its decision to allow Mrs Bacon and the children to stay should not be seen as supporting immigrants profiteering from fraud.

Mr Bacon, a carpenter, was allowed to stay "by a narrow margin" and his children's interests tipped the balance in his favour.

The tribunal said it had heard "compelling" evidence from a psychiatrist about the impact on the children, and from their school principal.

It was clear the children were settled "and any further upheaval, given the fractured nature of their parents' relationship ... is likely to exacerbate the children's stress", the tribunal said.

Mr Bacon had been with his de facto wife since last year and one of the children lived with them.

Mrs Bacon told the hearing in February she had been in a relationship for over a year.

The tribunal said despite the separate appeals, the cases were inevitably linked.

"We accept the evidence that since separation Mr and Mrs Bacon's families have blended with their new partners' families and that a return to England at this stage of the children's development would cause disruption and have possible ongoing adverse effects."

Mr Bacon had made a "positive contribution to New Zealand with his skills".