Sri Lankan man convicted of sex assault and counterfeiting cash must leave NZ

Immigration New Zealand served the man with a deportation liability notice as a result of his offending. Photo / 123rf

An asylum seeker who claims his wealthy family’s connections got him off the hook with Sri Lankan authorities had to face the full force of New Zealand law when he was convicted of sexual assault and counterfeiting currency.

Now, the 33-year-old is being booted out of New Zealand on account of his offending despite arguing to remain, claiming he had become a Christian while in prison and his life would be in danger if he returned to his homeland.

The man’s plight was recently set out in an Immigration and Protection Tribunal New Zealand decision, in which his name was redacted and he was instead referred to as HX.

HX, a citizen of Sri Lanka, appealed to the tribunal against a decision declining to grant him refugee or protected person status.

He gave details of his background, which included that his wider family was relatively wealthy due to political and business connections, and they owned several businesses themselves.

From 2009 to 2011, HX undertook studies in a European country before returning to Sri Lanka to care for his sick father.

His father died a short time later and despite HX’s uncles encouraging him to return overseas to complete his education, he stayed in Sri Lanka and began drinking, partying and engaging in antisocial behaviour.

He told the tribunal his family’s connections sometimes got him out of trouble with the authorities.

This appeared to be the case in 2013 when HX was arrested and charged with attempted murder after he struck a man in the head with a piece of timber, knocking him out, during a fight.

“[HX] spent approximately 28 days in jail, after which he was released because his family paid money to the local authorities. The charge was later reduced.”

However, he told the tribunal there were still two cases of civil proceedings against him in the Sri Lankan higher courts, brought by the man who he struck with the timber. The man alleges he has suffered long-term disabilities and is seeking damages.

The Immigration and Protection Tribunal has dismissed the Sri Lankan man's appeal to remain in New Zealand. Photo / 123rf

After HX was released from prison, “gang members” connected to the earlier fight were allegedly making threats against him. He and his family went into hiding.

He later decided to leave Sri Lanka for his own safety and he relocated to New Zealand to study.

HX was granted a student visa in 2014 and then further student visas in 2015 and 2016. In 2017, he was approved for an essential skills work visa to work in healthcare.

But in 2018, he began partying again and became involved in drug use. During this time, he sexually assaulted a woman.

While on bail for the offending, HX became involved in counterfeiting currency. He was arrested and charged.

As a result, HX was sentenced in 2019 to four months’ imprisonment and granted leave to apply for home detention on 18 counts of using forged documents and one of theft.

The following year, the sexual assault matter came to an end and he was jailed for two years and eight months for unlawful sexual connection with a female over 16.

While locked up, Immigration New Zealand served him with a deportation liability notice as a result of his offending.

In 2021, HX filed an application for recognition as a refugee or protected person on the grounds he feared returning to Sri Lanka.

He claimed to be afraid of the gang that was after him due to the 2013 fight, and that threats had been made against him by people who had heard he had been convicted of sexual offending. HX also said he would have a lack of family support in Sri Lanka.

But his application was unsuccessful.

In his recent appeal to the tribunal, he said he had converted to Christianity while in prison and began attending church when he was released in early 2022.

His pastor provided a letter to the tribunal stating he had provided practical and emotional support to HX who has been without employment and accommodation.

Tribunal chairperson, Judge Martin Treadwell, accepted HX’s submissions regarding his background but said his account of the fight in 2013 had evolved over time and it was “difficult to be certain as to the accuracy of the latest iteration of it”.

In considering whether HX met the threshold for refugee or protected person status, the judge found there was no real chance of him being persecuted in Sri Lanka.

Judge Treadwell accepted that many people would be aware of HX’s sexual offending in New Zealand and that they may ostracise him.

But this did not amount to serious harm arising from breaches of human rights, he said.

“He will need to work hard to regain trust and acceptance by the community. He may never achieve that with some people. Resettlement into his community will be difficult for him.

“There is, however, no right to be liked by everyone.”

The judge found HX had lived independently of his family for many years and so there was little weight in his lack of family support argument.

In regards to the gang that was allegedly after him due to the 2013 fight, Judge Treadwell found there was nothing to suggest HX was at serious risk.

The judge said the fight was a decade ago and “the heightened emotions of the time will have long since dissipated”.

While HX did not raise any concerns about his conversion to Christianity, the tribunal considered it anyway and found nothing in Sri Lanka’s country information indicating he would face a real chance of serious harm due to his newfound beliefs.

“For the above reasons, the tribunal is satisfied that the appellant does not face a real chance of serious harm arising from breaches of human rights in Sri Lanka. He does not have a well-founded fear of being persecuted there.”

HX’s appeal was therefore dismissed.

Tara Shaskey joined the Herald in 2022 as a news director and Open Justice reporter based in Taranaki. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.