The parents of a motorcyclist killed by an inexperienced foreign driver are concerned she will be deported before serving her time.

On Friday, High Court Justice Jillian Mallon quashed the jail sentence handed to Chinese national Jieling Xiao in June after she had earlier plead guilty to a charge of dangerous driving causing the death of Tauranga motorcyclist Rhys Middleton, 23, in February.

Jieling Xiao was jailed for 17 months in February, but her sentence was quashed by the High Court on Friday and replaced by home detention and community work. Photo: John Cowpland/Fairfax NZ

Xiao's original 17-month prison sentence was replaced with nine months' home detention and 150 hours community work.

She appealed her sentence to the High Court on Tuesday. Her lawyer, Scott Jefferson, argued the crash occurred because of Xiao's inexperience driving in this country, not "overt" dangerous driving, and she should not have been sentenced to prison.

Rhys Middleton's father, Mike Middleton, says he felt Xiao's earlier remarks about the remorse she felt were hollow.

His family is concerned that once Xiao was released from prison, she would be deported and escape having to serve home detention because her visa had expired.

Middleton believes Xiao could be deported within a matter of days. An Immigration New Zealand spokesman confirms she was served with a deportation liability notice on July 5, making her liable for deportation.

But he is unable to confirm when she will be deported, citing privacy and operational reasons.

Tauranga man Rhys Middleton was killed in a crash on State Highway 5, near Napier. File Photo

Middleton and his ex-wife Judy Richards are not against Xiao's prison sentence being substituted for home detention, but believes she Xiao should serve her time like anyone else.

"If you're a New Zealander, you do your time, and if you're a foreigner you should do your time too."

At the time of Xiao's sentencing, Napier District Court judge Bridget Mackintosh cited Xiao's possible deportation before serving her sentence as a factor in not imposing home detention.

However, Justice Mallon says that was unfair.

"In my view, the judge did not focus exclusively on general deterrence in declining home detention. The judge considered the seriousness of the offence when deciding whether to order home detention," says Justice Mallon.

"She also referred to accountability, deterrence and denunciation in reaching her conclusion that imprisonment was the appropriate sentence.

"However, the judge's remarks in that respect were focussed on the possibility of deportation within 28 days. It is not clear from her remarks whether she would have reached the same conclusion if that consideration was put to one side, as it is required to be."

Middleton died after the vehicle Xiao was driving veered to the side of the road, then weaved back on, striking his bike as he attempted to pass by.

The court was told Xiao was an inexperienced driver on the open road, and that a passenger who accompanied her in a vehicle the day before the crash had expressed concerns about her driving.

- Damian George and Jared Nicoll / Stuff.co.nz

Rhys' Middleton's parents Mike Middleton and Judy Richards. Photo: John Cowpland/FairfaxNZ.