Similar deportation cases compared

National’s immigration spokesman says there are inconsistencies between the way two cases involving convicted drug smugglers were treated.

David Lee Fitzsimmons was jailed for dealing methamphetamine and cannabis and receiving stolen property, which made him liable for deportation to South Africa upon his release. His case was looked at by a ‘‘delegated decision maker’’ on behalf of Immigration Minister Iain Lees-Galloway in June.

But a similar case involving drug smuggler Karel Sroubek was dealt with by Lees-Galloway himself, who cancelled his liability for deportation and granted him New Zealand residency.

The decision maker in Fitzsimmons’ case decided he should be liable for deportation, despite him having a 4-year-old daughter who is a New Zealand citizen. On the other hand, Sroubek who is serving five years and nine months in prison for importing 5kg of MDMA with a street value of $375,000, was dealt with by the minister directly and his case had a very different outcome.

National’s immigration spokesman, Michael Woodhouse, said he was surprised Fitzsimmons’ case did not go to the minister as well. The inconsistency between the cases was striking and reinforced the need to know who, apart from family, was in Sroubek’s corner, he said. ‘‘On the plain reading of the facts and the publicly available information, there was no case to take the action the minister did.’’

Stuff asked Immigration NZ what made Sroubek’s case more compelling than that of Fitzsimmons. Immigration NZ declined to answer.

An Immigration NZ probe into Karel Sroubek’s residency has been completed but the public and the minister must wait for the former kickboxer to see it first.

Even if it finds grounds for LeesGalloway to revoke his decision and push for deportation, kicking the 37-year-old Czech national out of New Zealand could be a long, complicated process as legal battles look likely.

Fitzsimmons’ deportation has since been suspended for four years, provided he doesn’t rack up more drug convictions, after he took his case to the Immigration and Protection Tribunal.

The tribunal found there were ‘‘exceptional humanitarian circumstances’’ that meant it would be harsh and unfair to have him deported. His mother, who he is close to, lives in New Zealand and is dying of cancer.

The tribunal also said Fitzsimmons did not want to be separated from his daughter. He also had the support of his former partner – the mother of his daughter.

According to court documents, Fitzsimmons sold small amounts of methamphetamine on 85 occasions over two months.

At his sentencing at the Manukau District Court, Judge Charles Blackie said Fitzsimmons turned to crime to finance his own drug addiction.

But the court heard he had taken part in a rehabilitation programme.

The lawyer representing the minister of immigration told the tribunal Fitzsimmons was born and raised in South Africa and posed a high risk of reoffending if he remained in New Zealand.