KEY POINTS:
A Samoan immigrant jailed for his part in a brutal road-rage attack has been allowed to stay in New Zealand so his teenage son can be treated for a life-threatening illness.
Naoupu Aniseko received a 22-month jail sentence in May 2004 after he and his nephew attacked a
man who gave them "the fingers" while driving. Mr Aniseko's nephew stabbed the victim four times.
Mr Aniseko - a 49-year-old father of five - was ordered to return to Samoa on his release from prison.
But the Deportation Review Tribunal has quashed the order so Mr Aniseko's 14-year-old son can continue treatment for a lung condition, which could kill him if he returned to Samoa where treatment is not available.
"We are satisfied it would be unjust or unduly harsh on the appellant and his family to deport him from New Zealand," the tribunal said.
Mr Aniseko arrived in New Zealand in December 1998 with his wife and children, now aged 11 to 21.
Despite previous convictions for wilful damage and robbery in the 1980s in Samoa, he and his family were granted residency on humanitarian grounds in 2001.
The 14-year-old is an outpatient at Starship children's hospital and needs treatment at least every three weeks for a rare congenital blood disorder.
Mr Aniseko, who works as a panel beater, told the tribunal he was extremely remorseful about the road rage attack.
He was driving with his nephew and wife in the car when another motorist gave him "the fingers". Mr Aniseko stopped the car so his nephew could pick up a piece of wood and hurl it at the other car. When the other driver confronted the pair, they attacked him. The victim was left with life-threatening injuries.
The sentencing judge at the time accepted that Mr Aniseko did not know his nephew had a knife. He said the offence indicated a "complete loss of control".
Mr Aniseko applied for home detention but was refused because the attack was "unprovoked and involved serious offending".
Mr Aniseko, who served 11 months of the sentence, told the tribunal his life now revolved around going to work, attending church and caring for his family.
If he returned to Samoa with his family it would be "to bury [my son]".
The tribunal also heard that if he left without his family, they would be dependent on state benefits as he is the main breadwinner.
Mr Aniseko's family supported him at the tribunal. His wife and eldest daughter both told the hearing Mr Aniseko's deportation would have a terrible impact on the family.
In its written decision, the tribunal said Mr Aniseko was a "hard-working, self-sufficient and productive member of society".
His previous offences in Samoa were "historical and have little bearing on the outcome of this appeal".
Mr Aniseko provided exemplary care for his family, and particularly his youngest son, and was part of a strong and supportive family unit.
"We are satisfied that he does not have a propensity to reoffend and that it would not be contrary to the public interest to allow him to remain in New Zealand."
