An Indian migrant worker has failed in his attempt to remain in New Zealand after the Immigration and Protection Tribunal upheld a deportation order linked to his conviction for paying for sexual services from a girl who was later found to be 13 years old.
According to the New Zealand Herald, 25-year-old Nishanth Parakudiyil Prahladan became involved in a police investigation into an illegal prostitution ring operating in Rotorua in 2023, which involved both adult women and underage girls.
The tribunal heard that Prahladan arranged a meeting through an online escort website and travelled from Tauranga to Rotorua in January 2023, believing he was meeting a 19-year-old woman. He paid NZ$250 for sexual services, but the individual was later identified as a 13-year-old girl.
Prahladan pleaded guilty to entering into a contract for sexual services with a minor. While the sentencing judge accepted that he believed the girl was 19 and noted the offence was one of strict liability, he was sentenced to six months and two weeks of home detention.
Following the conviction, Immigration New Zealand issued a deportation liability notice.
Prahladan appealed the decision, arguing that deportation would cause significant hardship. He told the tribunal that he had lived in New Zealand for six years, completed educational qualifications, worked in a skilled occupation, and regularly sent money to support his mother in India, who is undergoing cancer treatment.
He also claimed he would face social stigma, difficulties securing employment and housing, and potential threats from vigilante groups if returned to India.
The tribunal acknowledged that Prahladan had built a life in New Zealand and provided financial support to his family. However, it ruled that these circumstances were not exceptional and did not meet the humanitarian threshold required to cancel the deportation order.
The tribunal further found there was insufficient evidence that he would face serious harm in India, noting that he maintained close family connections and cultural ties there and could relocate within the country if necessary.
It said that supporting family members financially and becoming settled through study and employment were common experiences among migrant workers and did not amount to exceptional humanitarian circumstances.
While dismissing the appeal, the tribunal granted Prahladan a six-month work visa to allow him time to organise his departure and continue supporting his family before leaving New Zealand.
Prahladan has also appealed his criminal conviction, claiming he entered his guilty plea while under emotional distress and without fully understanding his legal position. That appeal remains before the courts.
The tribunal noted there were strong indications that Prahladan was unlikely to reoffend and was not considered a risk to public safety during the additional period he would remain in New Zealand.