She has been liable for deportation since her visa ran out.
In that time, she started a relationship with a New Zealand citizen.
The Immigration and Protection Tribunal said that although they had been a couple for only five months, they had been friends for longer and were in a “genuine relationship”.
“If the appellant cannot remain in New Zealand, this will likely result in the couple being separated,” according to a recent tribunal decision.
“The tribunal accepts that the appellant’s deportation will cause significant difficulty and distress for her, as she will be deprived of her partner, who is currently her key support figure.”
The woman’s name was redacted from the published version of the tribunal decision.
The tribunal said it had received 20 letters of support in the woman’s favour.
The decision said that the woman suffered from chronic post-traumatic stress disorder (CPTSD) arising from things that happened to her in Germany.
“The only connection she associates with her home country, Germany, is the past trauma she experienced there,” it said.
No functional family relationships
Although her immediate family remained in Germany, she had no functional family relationships there, and no meaningful connections.
“The appellant states that she is anxious and distressed at the possibilty of returning to Germany.
“She writes that without a family that cares, or friends, she would not survive there as she has no reason to live there.
“She also fears reliving painful memories of her past,” the tribunal said.
“The appellant writes that before arriving in New Zealand she had never known ‘real love and care’.”
It said that apart from her CPTSD, for which she is still receiving counselling, the woman had an acceptable standard of health and a clean record.
It found there were “exceptional circumstances of a humanitarian nature” making it unjust or unduly harsh for the woman to be deported.
The tribunal ordered that the woman be given a work visa for 12 months, which would allow her time to continue her therapy and work towards a partnership-based application for residence.
Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME’s Open Justice team in 2022 and is based in Hawke’s Bay.