Tim Horne, who admitted to indecently assaulting a young girl in Auckland, appealed the liability for deportation citing "exceptional humanitarian circumstances".

A profoundly deaf South African man who kidnapped and indecently assaulted a child in Auckland won't be deported after finishing his prison term.

Tim Horne, 22, has been ruled eligible to stay in New Zealand because of his disability, need for support, and lack of family in South Africa.

His deportation order has been suspended for five years on the proviso he commit no further offences of a sexual nature.

In January next year Horne will have served three years in prison for kidnapping and indecently assaulting a six-year-old girl at a reserve in Glendene, west Auckland.



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He was high on cannabis at the time and feeling rejected after his friends didn't come to his New Year's Day barbecue.

Horne snatched the victim from the reserve and carried her into a creek bed, where he removed her clothes and inappropriately touched her.

His parents reported him to the police, and he pleaded guilty to the charges in May 2014.

Horne is a citizen of South Africa but has lived in New Zealand since he was 12 years old.

Due to the seriousness of his offending, he became eligible for deportation under immigration law, but he appealed the liability for deportation citing "exceptional humanitarian circumstances".

The Immigration and Protection Tribunal ruled he could appeal the liability, and the deportation order was suspended for five years.

The tribunal heard Horne had not been able to communicate with anybody in jail aside from one guard who knew sign language.

The tribunal heard that Horne had no family remaining in South Africa, and if he were deported his father would be forced to move with him for his support, which would split up the family.

A psychologist assessed Horne as being a "moderate to low risk" of relevant offending and said he appeared to show genuine remorse and empathy to his victim.

"Of real concern to the Tribunal is the permanent and irretrievable breakdown of the family unit if the appellant is deported," the tribunal said in its decision.

"There is not one member, in what is a close-knit immigrant family, who will not be adversely affected by the appellant's deportation."

It ruled humanitarian grounds applied and that it was not contrary to the public interest to allow him to stay in New Zealand.

His family had forged strong ties to their community church and there was "public interest in preservation of the family unit", the tribunal said.