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• Tina Veaila faces deportation with her New Zealand-born sons after her husband was deported to Tonga.
• The family’s lawyer, Soane Foliaki, accuses immigration officials of lacking compassion, highlighting the boys' distress.
• Associate Immigration Minister Chris Penk is considering the case, putting the deportation on hold.

An Auckland mother facing deportation says her New Zealand-born sons have been left “really broken” after learning their father had been detained and deported and they would have to leave for Tonga too – a country they’ve never lived in before.

Tina Veaila told the Herald her family “can’t survive in Tonga” where they have no home and no land, and she’s pleading for Immigration New Zealand (INZ) to demonstrate compassion for the sake of her boys who are both at school in Auckland.

Tina’s husband, Tafuna Veaila, has already been arrested, detained and ejected from the country – a decision that has left her boys, Tony, 14, and Vaihola, 8, fearful and upset.

“When I told them [their dad had been taken], they both broke down, fell down and cried their heart out,” she told the Herald.

Tina Veaila said the family had only visited Tonga once briefly when the children were young, and New Zealand is all her boys know.

“My boys grew up here [in New Zealand]. They want to be here with their friends. They want to go to school, and I know that my two boys are going to be a lawyer or a doctor one day and contribute to New Zealand.”

Tina Veaila and her sons, Elimeleki "Tony", 14, and Vaihola, 8, are appealing for immigration officials to reverse their deportation orders.

INZ’s national manager of immigration compliance, Fadia Mudafar, told the Herald Tina was initially willing to leave New Zealand when first issued with the deportation order last month.

“Mrs Veaila stated to the immigration officer that she wished to return to Tonga and be with her husband.”

But Tina Veaila told the Herald she felt confused by the situation given her husband had already been taken away and assumed she had no other option.

“So I said to them, ‘Yes, I will go back to my husband because you said [the immigration officer] we don’t have any way to stay in here',” she said.

The family’s lawyer, Soane Foliaki, has accused immigration officials of acting with a lack of respect and compassion.

Foliaki and Green Party Immigration spokesman Ricardo Menéndez March have separately contacted Associate Immigration Minister Chris Penk about the case.

Associate Immigration Minister Chris Penk has accepted a request for ministerial intervention and is considering the case.

Penk told the Herald the rest of the family’s imminent deportation is now on hold while he considers the case.

“I can confirm my office has received a ministerial intervention request for the Veaila family. The application has been accepted for consideration. I have been advised compliance action will not be taken by INZ while a decision is being made,” he said.

Foliaki said the way officials handled the case was “harsh” and the impact on the two boys will be devastating if they too are forced out.

“These children will regress in their development, [it] will just be out the window [if they are deported],” he told the Herald.

Tina Veaila said she and her husband’s work visas expired in 2017, and they had already spent thousands of dollars on lawyers to try to get residency.

She said both she and her husband worked hard, and her boys were engaged and performing well in school.

‘Body shaking whilst crying out for father’

Tina Veaila son, Tony, has been unwell with pneumonia.

Medical notes obtained by the Herald show 14-year-old Tony Veaila was admitted to Starship Hospital’s emergency department on February 25 because he was having a seizure.

The clinician noted the teenager had a fever, headache, sore throat and was hyperventilating on arrival and was clearly in distress about his dad’s detention.

The doctor went on to note that the symptoms began after the boy learned his dad had been detained by immigration officials.

On Tuesday, the day before Tina – and by implication – her sons were due to be deported, the 14-year-old’s GP said Tony had been suffering from strep throat and pneumonia.

“I have examined him, and he does have ongoing pneumonia infection. I would advise against Tony travelling as his medical condition may worsen and he will need urgent treatment,” the GP said.

INZ’s Fadia Mudafar said Tina was issued with the deportation order on February 24, the day before her son fell ill and was admitted to hospital.

She told the Herald on Tuesday when being interviewed she did not mention her son was sick.

“Had she mentioned that either of the children were unwell or unable to fly as arranged, then we would have rescheduled the flights accordingly,” she said.

Tina said she was led to believe no options existed to remain in the country and subsequently decided to fight in the interest of her sons' education.

Sione Foliaki, who has practised law for 25 years, was adamant the situation was a clear case where compassion could and should be exercised.

“We know what this is - a deserving case. The dad works, he’s been working here for years as a labourer. He’s been contributing to society. He’s a law-abiding citizen. They’re not getting paid a benefit.”

He also stressed the importance of the couple’s children, who were engaged and happy at school in Auckland.

Tony’s school report from Otahuhu College last year painted a glowing picture of his academic progress, with the 14-year-old being among the “best in his group” for science and achieving excellence in both English and mathematics.

His younger brother, Vaihola, was also given the “principal’s award” at his primary school for having a focused attitude towards learning and being supportive of his peers.

‘Protect the livelihoods of a family’

The Green Party's Ricardo Menéndez March has made a request for ministerial intervention

The case has similarities to the plight of 18-year-old Daman Kumar, who was granted residency after his case went public.

Penk ended up granting Kumar residency, although his parents, who are overstayers, face deportation.

Green Party immigration spokesman Ricardo Menéndez March has written to the Associate Minister.

“We are asking Penk to protect the livelihoods of a family because they don’t have any connection to another country. What makes it worse is that one of the boys risks being deported while he’s seriously unwell.”

He said it was especially important to act with compassion given former Prime Minister Jacinda Ardern’s apology over the 1970s dawn raids when Pacific communities were targeted and discriminated against.

“After the dawn raids, our Pasifika communities deserve dignity instead of living in fear and being stripped away from the communities they are part of.”

Michael Morrah is a senior investigative reporter/team leader at the Herald. He won the best coverage of a major news event at the 2024 Voyager NZ Media Awards and has twice been named reporter of the year. He has been a broadcast journalist for 20 years and joined the ����������’s&�Բ�����;video team in July 2024.