When the woman was diagnosed with terminal cancer, the man stood by her, caring for her through her final days.
His earlier application for partnership residence was also being processed at the time.
After her death, Immigration New Zealand declined his application because it was no longer supported by an “eligible New Zealand citizen partner”.
He appealed to the Immigration and Protection Tribunal against the decision, claiming his circumstances are special and warrant an exception to Immigration‘s decision.
He argued that his life and the dreams he and his partner had remain rooted in New Zealand, and asking him to leave his home and community would be “unfair and unjust”.
“He and his partner had a genuine and stable relationship that was tested but strengthened by the partner’s illness,” a decision by the tribunal stated, referring to his submissions.
“Had it not been for her untimely death, his application would have been approved.”
Love and tragedy
According to the recent decision, the 35-year-old Irish citizen, whose name has been redacted, moved to New Zealand with a working holiday visa in January 2019.
He lived in a small community, working in hospitality, and met his partner within a month of arriving. However, the two did not begin a relationship until mid-2021.
The Immigration and Protection Tribunal has heard the man’s plea to remain in New Zealand.
A year later, he moved into his partner’s home and at the end of 2022, she was diagnosed with cancer.
The decision detailed how she underwent treatment for four months, during which the man was her primary caregiver.
After she had been declared well, the couple adopted a puppy in February 2023 and travelled overseas, including a visit to Ireland for her to meet the man’s family.
But in February 2024, the woman’s cancer was detected again.
The man applied for residence in July of that year. The decision stated that while he was eligible to apply a year earlier, the couple were focused on the woman’s illness at the time.
After the woman’s cancer returned she had treatment, and, the tribunal was told, the man gave her his full support.
“[Letters of support] speak to him remaining by her side, attending to her medical needs where possible, and doing what he could to make her comfortable.”
In December 2024, the woman died. Her will left a significant portion of her estate to the man, and her ashes were scattered at a beach special to the couple, according to the decision.
It said the couple had many plans for their future within their community, and the man remained dedicated to fulfilling those alone, such as opening a coffee shop.
“The appellant and his support network consider his grieving process to be deeply tied to his community which he had shared with his partner,” the decision stated.
“He considers that, other than his parents, he has no connections or ties to anywhere other than to his community in which he has now been living for almost seven years.
“He says his meaningful adult roots are here, and he cannot comprehend living elsewhere.”
A strong support network
Among the many documents the man provided to support his appeal were photos of him with his partner and their dog, almost 30 letters from family and friends attesting to the strength of their relationship and his commitment to his community, and a petition signed by 180 people in support of him staying in New Zealand.
The letters of support spoke of his “unwavering commitment” to his partner and described them as “soulmates”. Medical professionals detailed the impact of watching the couple go through their medical journey together.
Letters also expressed concern about the man potentially being removed from his support system while grieving, and how devastating it would be if he could not fulfil his partner’s wishes.
The man’s appeal also had support from his employer, who described him as being highly valued in his hospitality role and spoke of his volunteer work within the community.
While the man met the health requirements for residence, the character requirements were brought into question by a conviction he obtained in 2021 for driving under the influence of alcohol.
The tribunal stated that if the Minister of Immigration granted the man residence, his conviction would make him liable for deportation.
“This would be for the appellant to address in due course,” it said.
Special circumstances
However, on his special circumstances appeal, the tribunal was satisfied that the man and his partner were in a genuine and stable relationship, and he “would likely have obtained residence under the Family (Partnership) category, but for his partner’s untimely death”.
“The appellant has made New Zealand his home, it being the only country he has settled in since leaving his country of citizenship at the age of 18 years.
“He is a contributing and highly valued member of his community. His work in hospitality is fundamental to his community, which relies primarily on tourism.”
The tribunal confirmed that Immigration New Zealand’s decision to decline his initial application was correct, but found his circumstances were special and warranted the Minister of Immigration to consider an exception.
On Friday, the decision was updated to reflect the outcome of that process.
It stated that on February 12, the minister decided to grant the man residence as an exception to Immigration’s instructions.
However, Immigration NZ, which was unable to comment on the individual case, told NZME that Immigration Minister Erica Stanford has delegated the responsibility of considering such referrals to the Associate Minister.
Tara Shaskey is an assistant editor and reporter for the Open Justice team. She joined NZME in 2022 and has worked as a journalist since 2014.