'We have no house in Tonga': Thousands rally against deportation

"We have no house in Tonga and no job."

That's how the caregiver for her intellectually disabled brother Villiami, Loasi Latu, puts into context how detrimental deportation would be for herself and her husband.

Latu and her husband were given until last Friday to leave Aotearoa for Tonga, which has now been extended by one week. Although the pair applied for permanent residency before the expiration of their student visas, it would be years later until they found out they had been unlawfully living in NZ since 2004.

Speaking to William Terite on Pacific Mornings, Latu’s niece Karina Kaufusi said the reason they never got residency is because the immigration advisor "had basically taken their money and ran off".

She said they submitted a special application for an exemption which was declined earlier this year but that they have since then gathered new evidence and are asking Associate Minister Chris Penk to review it.

Since the family went public with their story last week, Kaufusi said they've been "really humbled" by the amount of support they've received.

"We had Dave Latele post it, Indira Stewart posted it. We were also at the Red, White and Brass show and JP Foliaki had given us the shout-out," she said.

Karina added that Dame Valerie Adams has signed their petition, Labour MP Phil Twyford spoke at their lotu (prayer) yesterday and that the entire Green Party caucus are writing to the government in support of the family.

"Our local MPs in Māngere and Manurewa have also gotten behind us and so our focus this week is to get in front of the Associate Minister of Immigration [Chris Penk] and ask him to review our case because he has the power to do so."

The new evidence they've compiled includes a psychologist's letter confirming Villiami cannot communicate verbally and that his sister Loasi has learned and understood his needs and daily cues over the last 20 years.

"It shows that [the deportation] will have life-threatening consequences to my uncle Pila, [who] is severely disabled and needs frequent care," Karina said.

"He has frequent seizures and can't talk. Also, we've got an economic report and it's going to cost New Zealand millions of dollars because my uncle Pila needs 24/7 supervision.

"So we're asking the minister now to review this new information because he has the power to review it but he's unwilling to for some reason.

"There are consequences there, not only to our family but to the wider New Zealand as well so it just doesn't make sense."

Watch the full interview via 531pi's FB page below:

Associate Immigration Minister Chris Penk acknowledged the difficulty of the situation for Latu, her husband and family, but could not comment on specific details regarding individual cases due to privacy reasons.

"Immigration matters such as these are complex and involve balancing a range of factors,” Penk said.

“Many people every year are declined immigration status in New Zealand and while it is disappointing for the individuals concerned, to protect the integrity of our immigration system, it’s important that we have a consistent and robust process for evaluating applications.”

He said a person could return to Aotearoa following a voluntary departure if they acquire the necessary visa, which will depend on that person’s circumstances.

“This is now an operational matter for Immigration New Zealand.”

Fellow family spokesperson, Otako Kaufusi, said the thought of losing their aunty is devastating, especially since she's "not only a caregiver for our uncle Pila, but a nana for my two girls and two nieces".

"This whole process can break up our family and family is everything to us," Otako said.

"This whole process has taken a toll on us mentally and physically. So, we're fighting hard to keep her here and keep our family together."

Loasi shared gratitude and amazement at all the support, adding all she wants "is to be here for my brother and my grandkids".

And Karina asked that "as many people as possible" sign their petition as the more signatures they get the more likely the minister will take on their case.

To view the petition, click here.

Following Pacific Media Network’s inquiries, Immigration New Zealand responded below:

We acknowledge this is a challenging situation for Loasi Latu and her husband and their family. However, they have been unlawfully in New Zealand since March 2004.

Their application for a Visitor Permit was declined on 24 March 2004 and they were told at the time they needed to make arrangements to leave the country as they were in New Zealand unlawfully.

In June 2023, their request under Section 61 of the Immigration Act was refused and they were again told they must not remain in New Zealand unlawfully.

Mr and Mrs Latu then requested ministerial intervention, and this was declined in January 2024 after considering all the circumstances of this case (including Mrs Latu being the primary caregiver for her New Zealand citizen brother), and they were again asked to make arrangements to leave the country as they were in the country unlawfully.

Under the Immigration Act, they have no further right of appeal.

Immigration Compliance and Investigations engaged with Mr and Mrs Latu’s lawyer in May 2024 and encouraged them to voluntarily depart New Zealand by 28 June 2024.

We understand they recently submitted a second request for ministerial intervention and have been advised the Associate Minister of Immigration will not be reviewing this case.

Immigration Compliance and Investigations team has worked closely with Mr and Mrs Latu and empathises with their situation. However, we strongly encourage them to depart voluntarily to avoid the consequences of deportation. Voluntary deportation does not preclude people returning to New Zealand if they are able to obtain the appropriate visa.