Indian overstayer granted residency to support his son, a mosque attack survivor

Gulamhusen Gulammustufa Shaikh (centre) was facing deportation but is now able to remain in New Zealand with his daughter Anisha Shaikh (left) and son Asif Shaikh (right).

An elderly overstayer from India has been desperately fighting deportation so he can provide emotional support to his son, who is a survivor of the Christchurch mosque terror attacks.

Gulamhusen Gulammustufa Shaikh, a 77-year-old widower, launched an appeal with the Immigration and Protection Tribunal New Zealand after his visitor visa expired in November last year.

Now, the tribunal has ruled his case was one with exceptional circumstances and he may remain in the country with his family.

Shaikh’s daughter, Anisha Shaikh told the Herald it was a huge relief for the family.

“He’s so old,” she said. “There’s no one in India to look after my father.”

In turn, she said her brother, Asif Shaikh, was suffering from post-traumatic stress disorder following the 2019 terror attacks and their father was “his strongest strength”.

“Since a kid, he has been close to my father, and so him being here is a positive support for him.”

The tribunal’s recently released decision stated Anisha came to New Zealand in 2012 and went on to become a citizen.

In 2017, Gulamhusen’s wife died, and the following year, he and Asif flew to New Zealand for 13 days on visitor visas.

Later in 2018, Asif returned by himself to live in Christchurch, where he was enrolled in tertiary study.

On March 15, 2019, he was at one of the city’s mosques when a gunman arrived and opened fire.

The Immigration and Protection Tribunal heard Gulamhusen Gulammustufa Shaikh's appeal to remain in the country. Photo / Stock Image 123rf

Anisha said her brother had survived by hiding in a corner behind a number of dead bodies and injured friends.

“He prepared himself to get shot and kept saying his final prayers until he realised that the shooter had left the site.”

Fifty-one people died during or after the terrorist attack carried out at two mosques by Australian Brenton Tarrant.

Following the shooting, Asif temporarily returned to India before relocating to New Zealand with his wife and their two children in February 2020.

They became residents under the Christchurch Response (2019) category and settled in Auckland, where Anisha lives.

Gulamhusen also came to New Zealand with his son, daughter-in-law and grandchildren, but he was only able to secure a visitor visa.

His visit was extended, however, as international borders closed during the Covid-19 pandemic and his latest visa expired in November last year.

Since that time, he has been living unlawfully in New Zealand and was liable for deportation.

In January, he lodged an appeal with the tribunal.

His lawyer Arran Hunt argued there were exceptional circumstances of a humanitarian nature in Gulamhusen’s case that allowed him to remain in the country.

He has strong personal ties to his family and could provide Asif with the support he needed, Hunt, who specialises in immigration law, told the tribunal.

Gulamhusen was partially blind, struggled to properly care for himself and would not be safe in India, he further submitted.

“He owns a home in India, but it requires repair, with falling ceilings, a crumbling roof and no water supply because of a damaged water connection.

“The environment around his home is not safe as he has limited vision, there are no pavements and the streets are narrow.”

Gulamhusen’s only family in India was his brother, who could not support him.

The Indian government provides little assistance to its elderly, with a monthly pension that is the equivalent of NZD$12 and subsidies on some items, Hunt said.

He submitted it would be unjust or unduly harsh for Gulamhusen to be deported.

If he returned to India, it was unlikely he would be granted another visitor visa in New Zealand, given he had overstayed, and he may “never see his family again”.

After considering the submissions and a number of documents provided, including photos of Gulamhusen’s home in India, the tribunal ruled his case met the “high threshold required” for exceptional circumstances of a humanitarian nature.

“It is in the interests of family unity for the appellant to remain in New Zealand, where he could continue to be a central figure in the lives of his close family and provide additional support to his son, who suffered trauma from his presence in the mosque attacks,” the tribunal stated in its decision.

The tribunal was also satisfied it would be unjust or unduly harsh for him to be deported, and that it was not contrary to the public interest if he permanently remained in New Zealand.

Accordingly, Gulamhusen’s appeal was allowed and he was granted a resident visa.

Dealing with the prospect of their father being deported was stressful for the Shaikh family - both emotionally and financially, Anisha said.

She said it was a blessing in disguise when the borders closed due to Covid.

Now, after a tough few years, the family was looking forward to being together without the lingering fear they could one day be separated.

“It’s a very big relief for our family,” she told the Herald, referring to the appeal outcome.

“He [Gulamhusen] is very pleased, too.”

Immigration policies such as the one affecting Gulamhusen were a hot topic over the weekend as National, Act and Labour unveiled their policies on the issue ahead of next month’s general election.

All similarly focused on expanding the ability of parents and grandparents to visit family and stay in New Zealand.