A Blenheim nurse who stole a credit card from two different patients has lost an appeal against his deportation.
Blenheim nurse Marvel Jr Benjamin Clavecilla stole credit cards in March and May 2020 from two seperate patients. Photo: Supplied / Stuff
The nurse, Marvel Jr Benjamin Clavecilla, 48, stole the credit cards in March and May 2020. His spending included purchases of fuel, cigarettes and fast food.
He was sentenced to six months' community detention and 150 hours of community work on 19 counts of theft relating to the first victim's credit card expenditure, and 13 relating to the second patient.
He lodged the appeal against his deportation on humanitarian grounds.
A decision from the Immigration and Protection Tribunal said the primary issue was whether the appellant, who was approaching 10 years living in New Zealand and wanted to remain here with his family, had exceptional circumstances of a humanitarian nature.
The decision said Clavecilla arrived in New Zealand in 2012 on a visitor visa.
By November 2012, he was employed as a nurse in New Zealand and was granted an essential skills visa.
Three years later his sister relocated to New Zealand, settling with her husband and two daughters, the decision said. Two of his three sons joined him in New Zealand in 2017 after gaining resident visas.
Prior to his sons arriving, he had also had a relationship with a New Zealand citizen. The pair, who are not together, have a four-year-old son who lives with the mother.
He married his current wife, who was from the Philippines but lived in New Zealand, in 2018. She had a family residency visa approved in March 2020.
But just two-weeks later, Clavecilla's offending started.
The tribunal heard from Clavecilla, who represented himself, his wife, 19-year-old son, sister, manager from his current employment at a bakery, and a former colleague.
He said his offending occurred due to financial difficulties, compounded by the closure of two businesses located in the Philippines which his wife had continued to own when she moved to New Zealand, the decision said.
"His offending, once it became known, devastated his family," the decision said.
"The harm that he has caused to all those affected will be something that he carries with him for the rest of his life.
"He has completed counselling, as part of his sentence, and that gave him an outlet to express his feelings. He also sought budgeting advice.
"He believes that he does not present any sort of threat to New Zealand."
His wife said she came to New Zealand to start a new life. She did not know if she would go with Clavecilla if he was deported.
His 19-year-old son said the offending was a "dark time" for the family. He had moved away from Clavecilla, to another town in New Zealand, and was financially independent.
Clavecilla was a nurse at Wairau Hospital in Blenheim at the time of the offending. Photo: Supplied / Stuff
The decision said if he was deported he could find it difficult to find employment, but did have "transferrable skills". He could live with his parents who, along with his siblings, could help him financially, the decision said.
The tribunal acknowledged that if he was deported his wife would be put in the position of having to decide whether to join him.
The decision said Clavecilla's 19-year-old son had "already experienced" living away from him.
"The appellant's separation from his New Zealand-resident sister and her family would be accompanied by sadness as they, especially the appellant and his sister, are close. However, they have lived apart before.
"The tribunal recognises that he has already demonstrated a genuine commitment to turning his life around and that he has the ability to be a productive and contributing member of the community."
But the tribunal ruled the case did not meet the high threshold required for exceptional circumstances of a humanitarian nature, and declined the appeal.
However, Clavicilla could apply to re-enter New Zealand to visit his New Zealand-resident sister and her family, and his 19-year-old son for as long as he remains here, should the need arise, however this visa was not a guarantee. He was also granted a three-month work visa to get his affairs in order.
The decision came after the Health Practitioners Disciplinary Tribunal censured and suspended Clavicilla from practising for nine months in May.
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