But it also said that residence in New Zealand was a privilege not a right, the offending had had a profound effect on Dhounsi’s victim, and that deportation would not be “unduly harsh” in his case.
It declined his appeal against a deportation liability notice issued after he committed the crime.
Dhounsi has lived in New Zealand since arriving to study at the age of 18 and has held several visas.
He was granted residency in May 2017.
“All his adult life, education, work experience and social integration have been in New Zealand,” the tribunal said in a recent decision.
However, he became liable for deportation because his offence happened within five years of gaining residency status.
Tribunal chairman Judge Martin Treadwell said Dhounsi had settled well in New Zealand, had a responsible position at a hardware store and was described as an “exemplary” tenant by his long-term landlord.
Assault had ‘profound impact’ on victim
But Judge Treadwell also said that the assault had had a profound impact on Dhounsi’s victim.
It occurred one evening in December 2020, after he and the woman had been drinking and smoking cannabis.
He indecently assaulted her by groping her multiple times.
Dhounsi tried to put his hands inside her clothing and attempted to hug and kiss her, desisting only when she threatened to call someone else.
In October 2022, Dhounsi was convicted of the indecent assault, for which he was sentenced to one year of supervision and 100 hours of community work – a sentence he has completed.
He was also ordered to pay the woman $2000 in reparation.
The woman was not the mother of Dhounsi’s child, from whom he is separated.
The judge at Dhounsi’s sentencing said the victim had been traumatised by what happened to her, and even though she lived more than an hour away from him, she felt that was too close.
She moved cities, changed jobs, and said that she was constantly struggling with suicidal thoughts and feeling “dirty”.
The woman had also struggled with “endless” feelings of embarrassment, shame, guilt, self-hatred and a lack of motivation.
She had been seeing a therapist and had been diagnosed with post-traumatic stress disorder.
Judge Treadwell said if Dhounsi remained in New Zealand, this would impede the woman’s freedom of movement and her ability to choose where to live.
‘Privilege, not a right’
“Residence in New Zealand is a privilege, not a right,” Judge Treadwell said.
“Criminal offending is necessarily a serious breach of the reasonable expectation that residents will observe New Zealand law.
“The appellant has clearly failed in that obligation, albeit that the offending was not the most serious of its kind.”
Judge Treadwell said it was accepted that separating Dhousi from his son, who is a New Zealand citizen, will cause distress and sadness to both.
But he said the child had the love and care of his mother and her relatives, whom he would come to accept as his immediate family unit.
“The credibility of the immigration system in the eyes of reasonable members of the public would be put into question if the appellant were allowed to stay in New Zealand, considering the seriousness of his conviction, and the underlying facts,” Judge Treadwell said.
However, the judge made an order removing a prohibition on Dhounsi coming back to New Zealand for a visit.
“The order is made to facilitate any application that the applicant may wish to make in the future to visit his son in New Zealand,” the judge said.
“Of course, any such application is a matter for Immigration New Zealand and the tribunal can give no assurance as to the outcome.”
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.