A South American man once kidnapped at gunpoint by a man connected to cartels has sought refuge in New Zealand.
A South American man once kidnapped at gunpoint by a man connected to cartels has sought refuge in New Zealand.
A man with family ties to cartels across South America has been living in significant fear he will be killed by a “dangerous man” who once kidnapped him at gunpoint and was now seeking revenge for his imprisonment.
After escaping the abduction unharmed, the man spent time in hiding, moving regularly and having limited contact with his family, before eventually moving to New Zealand.
He held several visas while in New Zealand and subsequently applied for refugee or protected person status when he found out the man he had been fleeing was out of prison.
But after his application was declined, the man appealed to the Immigration and Protection Tribunal of New Zealand against the decision.
In the tribunal’s decision, released late last year, it stated the man, referred to only as BO, has lived his recent years in significant fear and as a result was “mentally fragile” and “emotionally vulnerable”.
He wished to remain in New Zealand so he could move on with his life and live in peace.
According to the decision, several members of BO’s family have a long criminal history but he grew up “somewhat insulated” from this.
They were involved with irregular armed groups that worked for cartels, undertaking work in Argentina, Ecuador, Mexico and Colombia.
To different extents, they were involved in criminal offending, including against individuals, banks and other institutions, which involved robberies, kidnapping and killings.
While out one evening with an older member of his family, BO was kidnapped at gunpoint by a man known to his family.
The abductor, who took BO because he wanted something from his family, was described in the decision as a dangerous man involved with criminal groups, including cartels, and drugs and arms distribution.
BO was eventually released unharmed but the incident caused both him and his family much distress and fear, leading to his going into hiding for a year in a different part of his home country.
The man was later captured by authorities during an attempted robbery in South America and sent to prison.
According to the decision, he believed members of BO’s family had “snitched” on him before the robbery. He has since been released from jail.
The family remain afraid of reprisals from him and some have fled their home country as a result.
The man appealed to the Immigration and Protection Tribunal of New Zealand.
After his year in hiding, BO did not want to be found or to put his family at risk, so he lived a “careful and fearful” life.
Since arriving in New Zealand, he has had limited contact with his family and has felt frustrated and depressed that his life has been so affected by matters to do with his family background that are out of his control.
“He worries that [the man] will kill him if he finds out that he has returned.
“As far as he knows, [the man] wants revenge. [The man] has so many contacts in [their home country] and [BO] is sure that [the man] will find him as soon as he returns.”
After considering the submissions, the tribunal accepted BO’s evidence in full and noted the violent nature of criminal gangs in his home country and the “dangerous man’s” history and documented criminal record.
The tribunal was satisfied BO faced a real chance of being seriously harmed or killed by the man or his associates as a means of “exacting revenge” on his family.
In finding that he met the legal threshold to be granted refugee status, the tribunal also considered that BO could not access state protection due to the close relationship between some of the criminal gangs and the state authorities in his home country, including the police.
Tara Shaskey joined NZME in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff where she covered crime and justice, arts and entertainment, and Māori issues.
