“The husband was stunned at hearing this because he knew that he had not applied for any other work visa,” the tribunal said of his evidence.
“He tried to investigate but his lack of English and his lack of knowledge about immigration processes made this difficult. He went to an immigration adviser who assured him that he could help.
“In fact, the adviser did nothing and the appellants’ visas expired before they realised that the adviser had let them down.”
Both the man and his wife – who worked at a business college as a secretary – had given up their jobs to move to New Zealand.
The tribunal said the destruction of the house, next to mangroves, was still visible on Google satellite images and it would be unduly harsh to deport them.
The undersea volcano eruption was the biggest there since Krakatoa in 1883, and triggered a devastating tsunami which killed three people.
The tribunal said the husband, who was employed by the Tongan Department of Corrections as a prison warder for 16 years, could seek work here.
- RNZ