Immigration Consequences and Discharge Without Conviction

Background

Mr S faced an excess blood alcohol charge with a reading of 118mg per 100ml of blood while holding only a resident visa in New Zealand. Living with his wife and young child, Mr S faced the devastating prospect that a conviction could trigger immigration consequences, potentially forcing his family to return to India and separating the family unit.

The Challenge

This case involved complex immigration law intersecting with criminal charges, creating serious family consequences:

• Elevated blood alcohol reading: 118mg reading substantially above the 80mg legal limit

• Precarious immigration status: Resident visa holder without citizenship protection

• Family separation risk: Potential deportation forcing wife's return to India

• Young child welfare: Impact on child's stability and family unit

• Immigration law complexities: Need for specialist evidence on conviction consequences

• Limited legal protections: Resident visa holders face stricter character requirements

  
  

Our Approach

Recognising the serious immigration implications, we obtained expert evidence through an affidavit from an immigration law specialist. This evidence detailed the specific consequences that a criminal conviction would have on Mr S's immigration status and his family's ability to remain in New Zealand. We presented comprehensive submissions to the court demonstrating that the real and significant consequences of family separation were grossly disproportionate to the gravity of the drink-driving offence.

Outcome

The court accepted our evidence regarding the serious consequences of conviction and granted the discharge without conviction, resulting in:

• No conviction recorded: Mr S's criminal record remained clean

• Immigration status preserved: Resident visa remained unaffected

• Family unity maintained: Wife and child able to remain in New Zealand

• Child welfare protected: Family stability and continuity preserved

Significance

This case highlights the critical importance of understanding immigration consequences in criminal matters and obtaining specialist evidence to support discharge applications. The successful outcome prevented family separation and protected a young child's welfare, demonstrating how criminal convictions can have far-reaching consequences beyond traditional penalties, particularly for immigrant families.