An Indian man was told by the Immigration Service to leave New Zealand, despite being about to stand trial on a sex charge.
The man, 31, had his work permit revoked when his bail conditions prevented him from going to the Indian restaurant where he worked.
When those conditions changed, he was turned down for a new work permit and told he must leave the country.
The married father of two appealed to the Removal Review Authority saying he's innocent of the charge and wants to work while awaiting trial.
The authority has ruled it has no jurisdiction in the case, but says the letter he received was inappropriate and suggests his circumstances were not given proper consideration.