Immigration tribunal dismisses deportation appeal of Filipino woman caring for her 82-year-old partner

The Immigration and Protection Tribunal has dismissed the humanitarian deportation appeal of a 56-year-old Filipino woman who lived with and cared for her 82-year-old New Zealand partner, Awaaz reported, though she was given three more months in the country.

A 56-year-old Filipino woman who lived with and cared for her 82-year-old New Zealand partner has lost a humanitarian appeal against deportation, Awaaz reported on 10 November. In a decision dated 23 October, Immigration and Protection Tribunal member S McDowall dismissed the appeal, although she was granted a further three months in New Zealand so her partner could arrange alternative care.

The tribunal found that caregiving appeared to be the primary motivation for the relationship, rather than a partnership meeting immigration requirements, according to Awaaz.

How the case began

The couple first connected online in 2017 and began a romantic relationship in September 2023. They met in person for the first time when the woman arrived in New Zealand in June 2025. Her partner, a New Zealand citizen, has emphysema, atrial fibrillation and sleep apnoea, and until March 2026 he required a continuous supply of oxygen.

In one incident, a power cut interrupted his oxygen supply while he was asleep, and she found a backup oxygen cylinder and connected it to him. He told the tribunal she "may well have saved [his] life", and he had added her to his bank account and changed his will to give her the right to live in his property for the rest of her life, Awaaz reported.

She applied for a partnership-based work visa in September 2025. Immigration New Zealand (INZ) declined it the following month, unconvinced that the relationship met the requirements for a genuine and stable partnership. Central to the dispute was the man's own description of the arrangement: he had said she accepted his offer to sponsor her to New Zealand "initially as my companion-carer until granted residence", after which he would support her ambitions to qualify as a nurse.

Why the appeal failed

The tribunal acknowledged that the couple were emotionally involved and supportive of each other, and that her care had made a significant positive difference to his life. However, it found his medical needs could be met through other arrangements: he had been approved for government-funded home help before she arrived, which he declined, and his surviving son lived in a downstairs flat. It also noted her two adult sons in the Philippines could be expected to provide some support, and concluded the hardship of separation did not amount to exceptional humanitarian circumstances.

She became unlawfully present in New Zealand in November 2025 after her interim visa expired. The tribunal granted her a three-month visitor visa from 23 October, giving her partner time to undergo a needs assessment and arrange home help through Health New Zealand. It emphasised that it could not use a humanitarian deportation appeal to review or overturn INZ's original visa decision, which would require a separate judicial review in the High Court.

What INZ asks partners to show

For the Partner of a New Zealander Work Visa, INZ says applicants' evidence should show how long they have been together in a relationship, how long they have been living together, that they share finances and other responsibilities, that they spend time together, and that other people recognise the relationship. INZ also notes that from 16 November 2026, applications for this visa can be submitted in its enhanced Immigration Online system.

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