Immigration catches up with overstayer who lived under alias for 38 years

An overstayer who used a forged passport when he arrived 38 years ago and lived under a false identity has lost his attempt to appeal deportation.

By Gill Bonnett of RNZ

But Lafaele Laoa, 60, has still not returned to Samoa after a three-month deadline to do so expired last week.

Laoa used the assumed name of Olive Mao when he arrived in 1988, and despite trying to locate him, Immigration New Zealand did not find him until police shared information with them in 2024.

He had a list of previous convictions from 1992 to 2013, and 10 alleged family harm incidents between 2009 and 2020.

"He made no effort during his prolonged stay here to regularise his status, other than his request for ministerial intervention in 2024 after being placed in immigration custody and with deportation imminent," said the immigration and protection tribunal.

"The number of family harm episodes (including two five-day police safety orders) indicates that he perpetrated violence fairly regularly in the last 11 years of his relationship with his second partner."

Laoa was detained in custody because authorities could not establish his identity, and he had no passport to be deported.

Laoa told a psychiatrist that he met his first partner when he came to New Zealand in 1987 and she became pregnant. He returned here after their son was born the following year, using the identity of a friend's brother. He resumed his relationship and they went on to have three daughters.

His former partner took custody of their children when the relationship ended and he lived with another woman for 20 years.

He had convictions from 1992 to 2013, which were classed as less serious and had been 'clean-slated'.

Laoa requested ministerial intervention about his deportation, saying he used the alias because he did not want to be away from his family in New Zealand.

"He said that he had applied for a visa under his real name but that this had been declined so he applied again under another person's name, Olive Mao."

A family dispute over land meant he had nowhere to live in Samoa if he went back.

The tribunal heard he was caring for his sister, who had end-stage renal failure, and that while his three daughters were in Australia, his son and most close family remained in New Zealand.

Laoa had apologised for the family harm incidents, where he was recorded as the alleged aggressor, but also accused his partner of calling the police unnecessarily and not telling the full truth.

His lawyer said his criminal offending occurred more than a decade ago, and it should not be taken into account in a deportation appeal about overstaying.

The appeal tribunal (IPT) said that his 38-year stay in New Zealand was an exceptional humanitarian circumstance - however, it found that his lengthy unlawful stay and use of a false identity would make his deportation neither unjust or unduly harsh.

"The tribunal has determined that [his sister] can be reasonably expected to be cared for by her own children and other members of her family and that she can access state support," it said in its written decision.

"He has little or no connection to either of his previous partners or his children, three of whom are not even in New Zealand."

It acknowledged he could face challenges readjusting to Samoa, but said it was difficult to "reconcile the appellant's concern for his own future with the violent treatment he meted out to another person".

The tribunal said he spoke Samoan and had lived there until he left for New Zealand when he was in his 20s, 38 years ago.

"While that is an extremely long time, the appellant is returning as an older man who in all likelihood will have a village to return to and, if not, four adult children and other relatives to financially contribute to his living expenses.

"The tribunal orders that the deportation of the appellant be delayed for a period of three months, commencing on the date of this decision. This is because [his sister's] family will need to make alternative arrangements for their mother's care while they are at work and they and/or the appellant's children will need time to pool funds for the cost of [his] return and his immediate needs on arrival at least."

That three-month period ended on September 29.

"Immigration New Zealand (INZ) can confirm that Lafaele Laoa has not departed New Zealand and remains here unlawfully," national compliance manager Fadia Mudafar told RNZ.

"We are engaging with Mr Laoa and his representative regarding his departure from New Zealand. If he does not leave voluntarily, further compliance enforcement action may be considered.

"This case has been subject to a number of legal processes, including consideration by IPT. With those processes now concluded, Immigration Compliance will progress the next steps."