Rapist migrant to stay in NZ

A man granted permanent residence in New Zealand in 1997 but who was later convicted of rape has won an appeal against his deportation.

The Deportation Review Tribunal ruled in favour of the Indian man, finding that his New Zealand-born children would suffer undue hardship if he was deported.

The tribunal said the rape offence was serious but he was a "loving and devoted" father who had remained committed to his children throughout his time in prison.

The man was sentenced to seven years' jail for raping an 18-year-old employee who was under the effects of alcohol. He claimed the teenager consented but lost an appeal and served four years.

The tribunal heard the relocation of his children was not an option because they were born out of wedlock to Cook Island and Sikh parents of different faiths.

The tribunal did not accept a Crown submission that separation was a result of any decision by his remarried ex-wife and the children not to go to India.

"It would be in the children's best interests if their father were to remain to give the children the support they need," it said. "The balance has tipped in favour of quashing the deportation order."