‘New’ facts on Sroubek not so new
Case file contained information that excluded Czech man from NZ, minister says as he reinstates deportation
Information in Karel Sroubek’s case file already showed he should never have been let into New Zealand in the first place, but the Immigration Minister didn’t use it in his original decision because he wasn’t looking for it.
Iain Lees-Galloway said yesterday that he was reinstating Sroubek’s deportation liability, because Sroubek’s previous convictions in the Czech Republic made him an excluded person under the Immigration Act.
The minister said information about Sroubek’s Czech convictions led to his new decision, which would see Sroubek deported after his drugsmuggling sentence and unable to return to New Zealand.
Sroubek’s lawyer, Paul Wick, QC, has confirmed he will appeal against the decision.
The minister now faces renewed scrutiny to explain why it wasn’t already known that Sroubek was an excluded person, because his Czech convictions were contained in the 12-page summary of the original case file — released under the Official Information Act.
“Sroubek is wanted by Czech authorities for service of 54 months’ imprisonment,” the case file says, for attacking two police officers and a taxi driver, and for 2002 convictions for “disorderly conduct, damaging of another’s property and attacking a law enforcement officer”.
An excluded person is someone convicted and sentenced to jail for at least 12 months in the 10 years before arriving in New Zealand. Sroubek came to New Zealand in 2003.
Lees-Galloway said the Czech convictions were not relevant to his decision to grant Sroubek residency.
Immigration officials told him there were two matters for which Sroubek could be deported: a conviction for importing MDMA, and the use of a false identity to come to NZ.
Lees-Galloway conceded the data in the original case file was “potentially” enough to show Sroubek was an excluded person, but he didn’t think about that. “That was not the question I was asked to consider . . . I don’t know every single detail of the Immigration Act.
“I think it would be quite extraordinary to expect someone to think of all the possible questions that might be asked.” He said he had to make a decision based on the information officials had provided.
Asked if the officials should have considered whether Sroubek was an excluded person before giving him the file, Lees-Galloway said a review should answer that question.
The minister had initially granted Sroubek residency, but asked Immigration NZ to review the case after a court document emerged showing Sroubek had returned to the Czech Republic in 2009. This undermined Sroubek’s claim that his life would be in danger if he were deported.
The review found new information, from Interpol, that led to yesterday’s decision that Sroubek is liable for deportation.
Lees-Galloway said the new information was additional to the Czech convictions in the original case file, but would not elaborate, citing the possibility of an appeal.
He conceded that public trust and confidence had been damaged, and the buck stopped with him.
He will not resign, but has apologised to the Prime Minister. Jacinda Ardern said she had confidence in him, though he had made it clear he could have asked more questions.
A review through the Ministry of Business, Innovation and Employment will be done by Mike Heron, QC.
Immigration NZ is also reviewing how it prepares case files.
During an urgent debate in the House, National’s justice spokesman, Mark Mitchell, said Lees-Galloway should not be a minister.