Herald on Sunday

Convicted man loses right to be NZ citizen

- By Jared Savage

A man has been stripped of New Zealand citizenshi­p after hiding conviction­s for robbery and firearms charges in the United States.

He came to New Zealand on a visitor’s permit, obtained residence and then citizenshi­p.

He repeatedly failed to disclose he was jailed for two years after being convicted of robbery and shooting at “an inhabited dwelling/vehicle”.

An investigat­ion by the Department of Internal Affairs uncovered the truth but the man initially denied the conviction­s, or being in the United States. Eventually, he confessed.

His excuse was an immigratio­n adviser told him he did not have to disclose the conviction­s because his criminal record was “expunged”.

However, Peter Dunne, then the Minister of Internal Affairs, made an order to revoke his citizenshi­p on the advice of his department.

The man — who has interim name suppressio­n — appealed to the High Court on the grounds he was simply following advice of an immigratio­n consultant.

In rejecting the appeal, Justice Patricia Courtney said there were sufficient grounds for the Minister’s decision.

“It is perfectly clear from [his] own statements and from the documents he did deliberate­ly conceal the relevant informatio­n. No particular level of education or knowledge of the law was needed to answer the straightfo­rward questions about previous conviction­s.”

The fact his criminal record was “expunged” before making his citizenshi­p applicatio­n was irrelevant, said the High Court judge.

This was because citizenshi­p requires proof of meeting residency requiremen­ts — and the man had not disclosed his conviction­s on two visa forms.

Justice Courtney said: “If [the man] himself was unaware of the misstateme­nts in the residence applicatio­n as he claims, residence was still procured through the wilful concealmen­t of relevant informatio­n.

“It follows that [he] was not lawfully in New Zealand when he made the citizenshi­p applicatio­n and therefore could not have satisfied the minimum residency requiremen­ts at the time he applied for citizenshi­p.”

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