An 84-year-old widow "terrified" at the prospect of being deported to Iran has won an appeal and been granted New Zealand residency.
The Immigration and Protection Tribunal heard her son's national security work meant he could not safely return to live with her in Tehran.
"He is a New Zealand citizen with an established life in this country. Not only is he employed with a company that contributes to New Zealand's national security, but he is also a dual citizen, and these features place him at significant risk should he travel to Iran," said the recent decision.
"There are serious risks to his safety, and he would likely be detained upon arrival. Returning [her] to Iran would have the consequence that she and her son would be permanently separated.
"She would be returning to a chaotic and unpredictable environment, given the escalating tensions in the Middle East and the military conflict with Israel. Given her age and vulnerability, a return there would be deeply stressful, her survival challenging, the risks unmanageable, and it would likely prove fatal."
The elderly woman had visited her son in New Zealand just before the Covid-19 pandemic and stayed until late 2021 before returning to Iran. But after her more recent visit here she suffered a panic attack before boarding a flight.
'Wholly unrealistic'
A GP confirmed her fear and anxiety about going back to Iran.
Her son, a software engineer, would find it impossible to live there, said the tribunal decision.
"He points to the fact that he is employed by a company that is affiliated with security projects in a western country and has New Zealand national security clearance which grants him access to restricted documents; factors that the Iranian authorities would perceive as treason."
New Zealand's travel advisory website has its highest risk level of 'do not travel' for Iran because of the risk of violent civil unrest, arbitrary arrest or detention and the volatile security situation.
The son had applied for another visitor visa for his mother, hoping Immigration New Zealand would appreciate their 'exceptional circumstances' and provide a solution where she could remain in New Zealand safely.
When that application was declined, she became an overstayer.
The tribunal ruled that deporting the retired nurse would be unjust or unduly harsh because of her exceptional humanitarian circumstances.
"The country's current volatile geopolitical situation makes it wholly unrealistic for the appellant to return to live there, even assuming that she could travel there, as an elderly vulnerable woman who lacks any social support.
"She lacks any form of family support, and a male presence. She would have to navigate daily life in the current, inherently unstable environment on her own.
"Whether she would be capable of doing so practically, after having had the daily care and oversight of her son for the last two years, is unclear. Compounding her obvious vulnerabilities is her fragile emotional state, where the mere thought of returning there alone has left her largely unable to function."
