'You did not ruin me,' woman tells failed asylum seeker who raped her
A woman raped by a failed asylum seeker who was first issued a deportation order in 1999 has spoken out in the hope of bringing comfort to others in a similar situation - and has told the man he has not ruined her life.
The woman, who cannot be named for legal reasons, told 1News she has decided to share her story as she doesn't 'want people to live in a country where this sort of thing is allowed".
She added: 'I hope that it brings a level of comfort to others who were potentially hurt by this man, or didn't get to take their own abuser to court."
Amir Mohebbi, an Iranian asylum seeker who has several previous convictions and has been fighting his deportation for decades, was today sentenced to eight years in prison at the Auckland District Court on five charges, including rape, unlawful sexual connection and threatening to kill.
Read more about Mohebbi and his decades of offending and battling deportation here.
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Warning: This story covers issues of sexual assault which may be upsetting to readers.
It was a chilly winter afternoon in June 2021, when the woman, who 1News will refer to as Sarah, decided to head to a popular Auckland bar with a group of friends.
But what was meant to be a fun outing, would instead change her life forever.
"It all kind of turned to custard from there. Nothing will ever be the same for me again," she said.
Sarah recalls having three rounds of drinks before her memory started to fade. She eventually "blacked out".
It's understood she left the bar alone at 4:30pm.
Hours later, she remembers waking up in a strange apartment building, with an unknown man standing over her.
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"I didn't know where I was. There was an older 40 to 50-year-old Middle Eastern man that I'd never seen in my life, towering over me and my clothes had been taken off," she recounted.
She said she was sexually assaulted and raped as she drifted in and out of consciousness.
"The first time I woke up, first of all I remember everything was off except for my underwear. Then the second time I woke up, I was completely naked and this man was raping me.
"I had no way of moving... I couldn't do anything."
She pleaded for her life before fleeing the apartment in the Auckland CBD. The court believes she was at Amir Mohebbi's apartment for just over an hour.
"The conditions of me leaving were that I could not tell anyone, or I would be murdered. He would come after me."
After several days, Sarah decided to tell her family and notify police. DNA testing of her underwear eventually led them to Amir Hoshang Mohebbi, a failed asylum seeker, who Immigration New Zealand first tried to deport more than 25 years ago.
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He was on parole for meth charges at the time of the offending.
Deportation battle
Amir Mohebbi, filmed in 2007 after he was released from Mt Eden Prison.. (Source: 1News)
Mohebbi first arrived in New Zealand from Iran in 1997 with no documentation, seeking refugee status following his conversion to Christianity.
His claim for asylum was declined by Immigration New Zealand the following year, with an appeal also dismissed.
However, in September 1999, he was granted a temporary work visa after marrying a local woman.
The following year, he was convicted of making a false oath when arriving in New Zealand and of bigamy, as his previous marriage in Iran had not been legally dissolved.
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When his work visa expired in 2001, a further visa application was declined, due to his second wife withdrawing her sponsorship. That led to Mohebbi being classified as an "overstayer".
In 2003, now with a new partner and a child, he was served a further removal order and taken into custody.
His battle with authorities has continued ever since and he faces another appearance before the Immigration and Protection Tribunal (IPT) in July.
Immigration lawyer Simon Laurent said: "At that point I would say that he has a challenge to succeed at the deportation hearing that's coming up."
An IPT hearing date had initially been scheduled for earlier this year, but was postponed until after his sentencing for sex crimes.
Sarah told 1News she's started to question whether New Zealand let her down.
"The way that I see it is, there are two people to hold accountable here, Amir Mohebbi obviously foremost, but what's NZ Immigration got to say about this, because he's still here."
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Sharing her victim impact statement in court today she said: "I have not felt safe in New Zealand since the incident.
"I struggle to exist in Auckland without constant triggers. Every time I head into the city or drive to therapy... I see the Nelson Street off-ramp and I'm right back there, stuck in that room, unable to move."
She says she can't drive around the city without locking her doors, doesn't go out with friends anymore, and doesn't go on dates as she can't trust men.
'You did not ruin me'
Throughout the whole time Sarah was reading her statement, Mohebbi stood in the dock covering his face.
"Though the world has continued to spin, on the 27th of June, 2021, you made my life come to a halt," she said. "I don't know how one can quantify an appropriate sentence for someone who has taken so much."
She told him, he's "messed with the wrong woman".
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"I hope you feel as small and terrified as you have made me feel. Now you're the helpless one. Guilty of the crime I'm sure you were confident that you would get away with."
She said to Mohebbi that while he thought he'd silenced her with a threat to her life that day in June 2021, she was raised to speak up.
"Although the damage you did to me had truly been done, I kept fighting to ensure you could not hurt anyone else."
She detailed the pain she's lived with since he attacked her, and how at times she's felt there was no way out but to take her own life.
"You made my everyday a living hell. It felt like I was the one in jail.
"I've been unwell with post-traumatic stress disorder, major depressive disorder and obsessive compulsive disorder post the event.
"You made me question my spirituality. I didn't understand why such a terrible thing could happen, but then I realized that God is not to blame for what happened. You are.
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"God has been here all along, helping me bring you to justice."
She told her rapist: "I want you to know you did not ruin me. I stand tall now and I've stood tall throughout. Every time you knocked me down, I got back up. I have made the best of the worst situation.
"But what gives me the most solace is that the final judgment your face will be from God. I will try and forgive you, not because you're worthy or deserving of it. One day I want to forgive you because I have no interest in carrying around all this hurt, grief and anger wherever I go."
She said she hopes Mohebbi spends the rest of his life learning to find respect for women.
'This is a complex case'
Despite Sarah's criticism of Immigration NZ, in a statement it's National Manager of Compliance Fadia Mudafar said, "This is a complex case".
"Amir Mohebbi has held a permanent resident visa since 2012. He is currently liable for deportation under Section 161 of the Immigration Act 2009, following two convictions for importing methamphetamine.
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He said Mohebbi was served a Deportation Liability Notice on 15 July 2021, but appealed against his liability for deportation to the Immigration and Protection Tribunal (IPT).
It initially upheld his deportation, but defendant then appealed the IPT's decision to the High Court, which referred the matter back to the IPT for reconsideration.
"That process is currently ongoing," Mudafar said.
"Amir Mohebbi has resisted all attempts to deport him from in New Zealand, including by refusing to cooperate with immigration authorities or secure a travel document. He is currently exercising his lawful right to appeal against deportation, as he is entitled to do so.
"Immigration New Zealand (INZ) is unable to lawfully deport Mohebbi while his appeal is under consideration by the IPT."
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ADVERTISEMENT Warning: This story covers issues of sexual assault which may be upsetting to readers. It was a chilly winter afternoon in June 2021, when the woman, who 1News will refer to as Sarah, decided to head to a popular Auckland bar with a group of friends. But what was meant to be a fun outing, would instead change her life forever. "It all kind of turned to custard from there. Nothing will ever be the same for me again," she said. Sarah recalls having three rounds of drinks before her memory started to fade. She eventually "blacked out". It's understood she left the bar alone at 4:30pm. Hours later, she remembers waking up in a strange apartment building, with an unknown man standing over her. ADVERTISEMENT "I didn't know where I was. There was an older 40 to 50-year-old Middle Eastern man that I'd never seen in my life, towering over me and my clothes had been taken off," she recounted. She said she was sexually assaulted and raped as she drifted in and out of consciousness. 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(Source: 1News) Mohebbi first arrived in New Zealand from Iran in 1997 with no documentation, seeking refugee status following his conversion to Christianity. His claim for asylum was declined by Immigration New Zealand the following year, with an appeal also dismissed. However, in September 1999, he was granted a temporary work visa after marrying a local woman. The following year, he was convicted of making a false oath when arriving in New Zealand and of bigamy, as his previous marriage in Iran had not been legally dissolved. ADVERTISEMENT When his work visa expired in 2001, a further visa application was declined, due to his second wife withdrawing her sponsorship. That led to Mohebbi being classified as an "overstayer". In 2003, now with a new partner and a child, he was served a further removal order and taken into custody. His battle with authorities has continued ever since and he faces another appearance before the Immigration and Protection Tribunal (IPT) in July. Immigration lawyer Simon Laurent said: "At that point I would say that he has a challenge to succeed at the deportation hearing that's coming up." An IPT hearing date had initially been scheduled for earlier this year, but was postponed until after his sentencing for sex crimes. Sarah told 1News she's started to question whether New Zealand let her down. "The way that I see it is, there are two people to hold accountable here, Amir Mohebbi obviously foremost, but what's NZ Immigration got to say about this, because he's still here." ADVERTISEMENT Sharing her victim impact statement in court today she said: "I have not felt safe in New Zealand since the incident. "I struggle to exist in Auckland without constant triggers. Every time I head into the city or drive to therapy... I see the Nelson Street off-ramp and I'm right back there, stuck in that room, unable to move." She says she can't drive around the city without locking her doors, doesn't go out with friends anymore, and doesn't go on dates as she can't trust men. 'You did not ruin me' Throughout the whole time Sarah was reading her statement, Mohebbi stood in the dock covering his face. "Though the world has continued to spin, on the 27th of June, 2021, you made my life come to a halt," she said. "I don't know how one can quantify an appropriate sentence for someone who has taken so much." She told him, he's "messed with the wrong woman". ADVERTISEMENT "I hope you feel as small and terrified as you have made me feel. Now you're the helpless one. Guilty of the crime I'm sure you were confident that you would get away with." She said to Mohebbi that while he thought he'd silenced her with a threat to her life that day in June 2021, she was raised to speak up. "Although the damage you did to me had truly been done, I kept fighting to ensure you could not hurt anyone else." She detailed the pain she's lived with since he attacked her, and how at times she's felt there was no way out but to take her own life. "You made my everyday a living hell. It felt like I was the one in jail. "I've been unwell with post-traumatic stress disorder, major depressive disorder and obsessive compulsive disorder post the event. "You made me question my spirituality. I didn't understand why such a terrible thing could happen, but then I realized that God is not to blame for what happened. You are. ADVERTISEMENT "God has been here all along, helping me bring you to justice." She told her rapist: "I want you to know you did not ruin me. I stand tall now and I've stood tall throughout. Every time you knocked me down, I got back up. I have made the best of the worst situation. "But what gives me the most solace is that the final judgment your face will be from God. I will try and forgive you, not because you're worthy or deserving of it. One day I want to forgive you because I have no interest in carrying around all this hurt, grief and anger wherever I go." She said she hopes Mohebbi spends the rest of his life learning to find respect for women. 'This is a complex case' Despite Sarah's criticism of Immigration NZ, in a statement it's National Manager of Compliance Fadia Mudafar said, "This is a complex case". "Amir Mohebbi has held a permanent resident visa since 2012. He is currently liable for deportation under Section 161 of the Immigration Act 2009, following two convictions for importing methamphetamine. ADVERTISEMENT He said Mohebbi was served a Deportation Liability Notice on 15 July 2021, but appealed against his liability for deportation to the Immigration and Protection Tribunal (IPT). It initially upheld his deportation, but defendant then appealed the IPT's decision to the High Court, which referred the matter back to the IPT for reconsideration. "That process is currently ongoing," Mudafar said. 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She said to him, "I hope you feel as small and terrified as you have made me feel. Now you're the helpless one. Guilty of the crime I'm sure you were confident that you would get away with." "You messed with the wrong woman." She was attacked by Mohebbi in an apartment building in central Auckland after going to a bar with a group of friends. He threatened her with death if she reported the crime but after several days, she decided to tell her family and notify police. DNA testing eventually led them to Mohebbi, who was on parole for meth charges at the time of the offending. The woman, who cannot be named for legal reasons, spoke to 1News ahead of today's sentencing saying: "I don't want people to live in a country where this sort of thing is allowed." ADVERTISEMENT In court today, Judge Kirsten Lummis accused Mohebbi of taking the opportunity "to play out a sexual fantasy". "[The victim] has no memory as to how she ended up in your bedroom, only you know what the truth of the matter is," she said. She told Mohebbi the woman was "simply in no position to consent due to her level of intoxication" and that this would have been obvious, yet he "took complete advantage of the situation". Three-decade battle to deport Mohebbi Mohebbi first arrived in New Zealand from Iran in 1997 with no documentation, seeking refugee status following his conversion to Christianity. His claim for asylum was declined by Immigration New Zealand the following year, with an appeal also dismissed. He was issued with a deportation notice in 1999. However, in September of that year, he was granted a temporary work visa after marrying a local woman. ADVERTISEMENT In 2000, he was convicted of making a false oath when arriving in New Zealand and of bigamy, as his previous marriage in Iran had not been legally dissolved. When his work visa expired in 2001, a further visa application was declined, due to his second wife withdrawing her sponsorship. That led to Mohebbi being classified as an "overstayer". In 2003, now with a new partner and a child, he was served a further removal order and taken into custody. INZ was unable to deport him, as he refused to produce his passport or to apply for a new one from Iran. New Zealand at this time did not have an agreement with Iran for the return of people without documentation. Amir Mohebbi, filmed in 2007 after he was released from Mt Eden Prison.. (Source: 1News) After four years in Mount Eden prison, and another failed attempt at asylum, he was ordered to be released by the High Court on humanitarian grounds. Upon his release, he was given a limited purpose visa and work permit, which eventually led to permanent residency. The Immigration and Protection Tribunal said his troubles "could and should've ended there". ADVERTISEMENT Importing meth Amir Mohebbi suffered a severe back injury whilst at work, which his defence lawyer, Dale Dufty, said led to him abusing drugs. In 2010, he was caught importing methamphetamine into New Zealand. Mohebbi was not charged at this time, and it was only eight years later, when he imported the drug again, that he was convicted. He was sentenced to 10 years and 5 months in jail. Despite the serious conviction, the Parole Board recommended his release in 2020. Mohebbi was then served his latest deportation notice in July, 2021, which he has continued to appeal. His case is described by Immigration New Zealand (INZ) as "complex", and marked by repeated legal battles, deportation attempts and serious criminal convictions. Its National Manager for Compliance, Fadia Mudafar said Mohebbi has "resisted all attempts to deport him from in New Zealand, including by refusing to cooperate with immigration authorities or secure a travel document". ADVERTISEMENT "He appealed against his liability for deportation to the Immigration and Protection Tribunal (IPT), which initially upheld his deportation", said Mudafar. "Mohebbi then appealed the IPT's decision to the High Court, which referred the matter back to the IPT for reconsideration." That process is still ongoing. Lawful right to appeal Immigration lawyer Simon Laurent said while Mohebbi's drawn-out case may frustrate many, he is currently exercising his lawful right to appeal against deportation. "Those legal rights of avenues of redress, established through legislation, they're available to everybody. He's using them like everybody else, including remedies through the senior courts", he said. The Immigration and Protection Tribunal (IPT) will look at three factors when considering Mohebbi's deportation. ADVERTISEMENT "The first is whether he has exceptional humanitarian circumstances, the second is the question of whether it should be unjust or unduly harsh for him to be deported because of his infirmity and convictions. While the third ground is whether it would be not contrary to the public interest to allow him to remain", said Laurent. Mohebbi is scheduled to appear in front of the IPT at the beginning of July. "In that context, the IPT can consider the current offending, current conviction, and the sentence that he's received", Laurent added. "At that point I would say that he has a challenge to succeed at the deportation hearing that's coming up." Laurent noted that the upcoming appearance could represent the end of the road. "Here he is, possibly near the end of the avenues that he can explore". An IPT hearing date had initially been scheduled for earlier this year, but was postponed until after his sentencing for sex crimes.
