A rapist has appealed against his deportation from New Zealand, saying going home would cause his family hardship. Photo / 123rf
A Christchurch Uber driver who raped his drunk passenger has lost his appeal against deportation, with his victim saying others have had visas revoked for much less serious offences.
The young woman said Moses Gengo-Yon Ravanes had caused her "irreparable damage" and should not get to keep his visa.
The Immigration and Protection Tribunal agreed, dismissing Ravanes' appeal in a recent decision after finding there were no exceptional humanitarian circumstances that made it unjust or unduly harsh to deport him from New Zealand.
Ravanes, 42, was a part-time Uber driver in 2018 when he picked the woman up in central Christchurch to take her home. Partway through the ride he climbed onto the back seat and raped her.
He is now serving a six year, and six month sentence in prison after a jury found him guilty of rape in 2019.
Ravanes was born in the Philippines where he worked as a carpenter and on fishing boats before he left the country for Japan when he was 30, where he earned a carpentry qualification.
He came to live in New Zealand in 2013, and was granted a skilled migrant resident visa as a carpenter in 2016, less than two years before he offended in 2018.
In March, he was served a deportation liability notice for the conviction, which he appealed against from prison on humanitarian grounds, saying his family in the Philippines would suffer if he were deported.
He said it would be hard for him to find work back home with his criminal record and age, whereas he could earn better wages in New Zealand at his brother's construction company.
His parent's house had "totally vanish[ed]" in a recent typhoon and they lost everything they owned, he said.
"I have learned my lesson in excruciating pain that causes heartache and despair," he said, asking the tribunal for a second chance.
"I don't have anybody to blame except myself."
However, his victim said in a statement to the tribunal that Ravanes had caused her "irreparable damage", including debilitating anxiety, fear, post-traumatic stress disorder and sleepless nights.
She said she was getting help from a counsellor but did not think Ravanes should keep his visa when others have had their visas revoked for much less serious offences.
Opposing the appeal, Immigration Minister Michael Wood said through the ministry's lawyer that economic hardship because of deportation was not an exceptional circumstance.
It was contrary to the public interest for Ravanes to remain in New Zealand given the risk of reoffending and the integrity of the immigration system, Wood's lawyer argued.
A parole assessment report in April said Ravanes showed a low risk of reoffending - he was a prisoner with good behaviour, no identified drug use, and had completed a safety plan with a psychologist.
He also showed a genuine effort to change and had made steady progress, according to a letter from a mental health clinician the same month.
The Tribunal agreed with the Immigration Minister that better economic conditions in New Zealand compared to the Philippines do not make for exceptional humanitarian circumstances.
Ravanes' wife, parents and children also appeared to have supported themselves in the Philippines with minimal support from him in prison, the decision said, and he would be reunited with them if he returned home.
The man's statutory release date is in September 2025. He had a parole hearing this month but the decision is yet to be released.
He was not granted parole in 2021 because he did not have a suitable address to go to and his resident status was undecided at the time.
SEXUAL HARM
Where to get help:
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone, contact