Immigration minister to forgo power
IMMIGRATION Minister Iain LeesGalloway is standing by his original decision to grant residency to Czech drugsmuggler Karel Sroubek, despite a review saying there were ‘‘powerful’’ reasons to deport him.
But Mr LeesGalloway concedes the current process is too risky and plans to mitigate that by making ministerial intervention the option of last resort.
This is in line with recommendations from a review into Immigration NZ’s processes, conducted by Mike
Heron QC and released yesterday.
The review was ordered in the wake of Mr LeesGalloway’s controversial decision to grant Sroubek residency despite a conviction for drugsmuggling and an admission that he used a false identity to gain a resident visa.
Mr LeesGalloway revisited the case after it emerged that Sroubek may have travelled back to the Czech Republic, and eventually issued a new deportation notice to Sroubek.
Sroubek is appealing it from prison where he is serving his sentence for drugsmuggling after being denied parole.
The Heron review found INZ processes were adequate but could be improved.
It said that ministers applying absolute discretion may have limited time and did not usually receive free and frank advice on deportation cases — though they were also free to take more time and seek further information.
‘‘It is obvious to state that a process which allows a minister to make a quick decision on a complex case with as little as an oral briefing and no advice is fraught with risk.’’
The risk could be mitigated if more decisionmaking was delegated to experts, keeping the minister ‘‘above the fray’’.
Mr Heron said it was also risky for the minister to make a decision ‘‘without receiving any advice or recommendations and without any verification of the reliability of the information’’.
‘‘This process puts both the minister and INZ at risk. Whilst Sroubek is an unusual case, it does provide an example of the manifestation of that risk. ‘‘The grounds . . . in the case file summary were understood by most to be sufficiently powerful such that the original decision of the minister was unexpected.’’
Speaking to reporters yesterday, Mr LeesGalloway stood by his original decision to grant Sroubek residency.
He said his decision was appropriate given the information available to him at the time.
Mr LeesGalloway said he would implement Mr Heron’s recommendations, including allowing for immigration officials to test the veracity of information provided to ministers.
He said he had already changed the way he dealt with deportation cases, including having a lawyer present to answer any legal questions.
Prime Minister Jacinda Ardern said she still had confidence in Mr LeesGalloway.
‘‘These are complex cases and I think the Heron report rightly suggests the whole process needs to change, because both Immigration New Zealand and ministers were carrying too much risk.’’ — The New Zealand Herald