Humanitarian plea dismissed

A convicted tax evader has failed in his bid to dodge deportation.

Last month, Jianbin Wang appealed against a deportation order served on him by Immigration New Zealand (INZ).

In November 2015, Wang was jailed for three years and nine months after he pleaded guilty to

42 charges relating to tax evasion and providing false information to the Inland Revenue Department between 2007-2012.

During that period he declared an annual income of $30,000 but it was later calculated he had failed to declare cash sales in excess of $2.5 million over the five years he operated the Best for Less Stores in Whanganui, New Plymouth and Waitara.

The stores have since been sold. It was established Wang, who was released from prison on parole in February, had failed to pay $1.14m in tax.

Wang lodged an appeal against his deportation on humanitarian grounds but this was dismissed by Judge Peter Spiller, who presided over the immigration and protection tribunal hearing, which was held in New Plymouth on October

24.

Wang, who is 49, remains a Chinese citizen but was granted permanent residency in New Zealand, where he has lived since March 2003.

As part of his evidence to the tribunal, Wang highlighted his wife’s health issues.

She suffers from epilepsy and following a 2005 surgery, which removed her hippocampus, has had problems with her memory

In China, he will not have his own family or any assets.

and was unable to drive.

He told Judge Spiller that if he was deported it would split the family and his wife and children would suffer as a result.

His prospects in China were also bleak, he argued, despite the fact his parents and older siblings still lived there.

‘‘In China, he will not have his own family or any assets.

‘‘With his convictions, it will be hard for him to find a job and he will be a burden on his family there,’’ the decision stated.

In response to Wang’s appeal, INZ rejected his claims that there were exceptional circumstances in his case.

It said his wife’s health issues were manageable and his children were not reliant on him financially.

Both of the children, now 18 and 20, lived and studied in Auckland.

It also submitted Wang’s offending, which triggered the deportation, was of a serious nature.

In denying Wang’s appeal, Judge Spiller removed any prohibition which would restrict the man’s re-entry to New Zealand, which will enable him to apply to visit his wife and children should they remain in the country.

The decision to grant a visa for this purpose will lie with INZ.

Wang has 28 working days to file an appeal against Judge Spiller’s ruling.