Tongan family faces deportation after shock news of immigration adviser’s imprisonment

A Tongan family, facing deportation, is urgently seeking ministerial intervention after discovering that their former unlicensed immigration adviser has been imprisoned.

Taniela and Lilio Tonga, along with their two children, are just days away from being deported. This week, they were served with a deportation order.

Taniela has been detained and is set to be sent home on Wednesday. Lilio was also detained but released under a Residence and Reporting Requirements Agreement due to the couple’s two young children, a 13-year-old son, and a seven-year-old daughter.

Both children were born in New Zealand but are also considered to be in the country unlawfully and are therefore liable for deportation.

In an exclusive interview with PMN News, conducted in Tongan, Lilio says they are devastated over the situation.

Lilio has been in New Zealand since 2008, while Taniela has been here since 2012. The family has been living independently, with Taniela working as a gardener, mowing lawns, and Lilio providing full-time care for a quadriplegic individual.

Taniela Tonga and his two young children, David and Susana. Photo/Supplied

For seven years, they have been living in a home in Mt Wellington, Auckland, where their children attend local schools.

According to Immigration New Zealand, the couple "have been living unlawfully in New Zealand for an extended period".

Taniela's visa expired on 26 June 2008, and Lilio's visa expired on 30 April 2012. The family is now requesting intervention from Associate Immigration Minister Chris Penk.

Lilio Tonga pictured with her daughter Susana Tonga who just turned seven over the weekend. Photo/PMN News

Their current lawyer, Soane Foliaki, who was engaged this week, confirmed with PMN News he is submitting a request for ministerial intervention on behalf of the family.

Previously, the family’s most recent request for ministerial intervention was submitted in September 2023 by unlicensed immigration adviser Romney Lavea.

The request was accepted for consideration under the previous Labour government in September 2023 but was declined by a Delegated Decision Maker from Immigration New Zealand on behalf of Penk in October 2024.

Lilio says their last visit to Lavea’s office was in November 2024, during which Lavea's wife informed them that they needed to complete a privacy waiver to allow Lavea to submit a request to the Ombudsmen.

After completing the form, Lilio says they received no further updates, other than being told that their application was still in progress.

Lilio says they were only made aware of Lavea’s imprisonment this week when Immigration officers arrived at their doorstep to detain them, so they didn’t know their request had been declined way back in October 2024.

Lavea had previously been warned by the Immigration Advisers Authority in 2011 to stop providing unlicensed advice and faced charges in 2022.

Romney Lavea acted on behalf of the Tonga family. Photo/Supplied

A jury found him guilty in 2024 of six counts of giving immigration advice without a licence and four counts of receiving fees or rewards under the Immigration Advisers Licensing Act 2007.

He was sentenced to two years and nine months in prison on 9 October 2024, and ordered to pay a total of $1600 in reparation to three of his victims by the Auckland District Court.

Lilio says they had not paid any money to Lavea.

A spokesperson for Immigration New Zealand says they are continuing to engage with Lilio to support her voluntary departure, along with her children.

“We understand this is a disappointing outcome for the family. However, unless there are exceptional circumstances that justify the granting of a visa, individuals who have overstayed must leave New Zealand.”

Penk’s office says that any further requests should outline any exceptional or changed circumstances that may warrant reconsideration. “I maintain a consistent practice of not discussing the factors involved in individual cases, including to protect individuals’ privacy,” the spokesperson says.