The New Zealand Herald

Immigratio­n NZ tries to deport man with visa

Twists in strange case include Beehive access to file

- David Fisher

Immigratio­n officials bungled visa details of a man whose marriage to a “high-profile” Kiwi had fallen apart, leaving him facing the prospect of immediate deportatio­n.

The strange case of “Immigrant X” has seen Immigratio­n NZ deny any records relating to the attempted deportatio­n exist even though one of its officials turned up to serve a Deportatio­n Liability Notice with two police officers to arrest the man. Only interventi­on by immigratio­n-law specialist Deborah Manning halted the plan to put him on a plane out of the country.

Immigrant X came to New Zealand five years ago with his high-profile partner of 10 years and their three children.

His immigratio­n status came into question after his partner ended the relationsh­ip and made multiple complaints to police alleging physical — and later sexual — violence.

None of the parties can be named because they remain locked in a Family Court dispute over his access to their children and rights to relationsh­ip property.

The attempted deportatio­n came in June 2017 when the man was seeking a discharge without conviction on a charge of assault and three breaches of a protection order after court hearings on complaints made by his expartner. He was acquitted of charges brought by his wife, including a claim of rape.

Manning said she was at the Hamilton court for the hearing as she had provided an affidavit explaining his immigratio­n status. When she saw an Immigratio­n NZ compliance officer enter the court with two police officers, she approached the compliance officer. When told he was there to serve a legal order for deportatio­n, Manning said she explained her client had a valid visa to allow Family Court proceeding­s to be heard. The compliance officer refused to provide a copy of the legal order, a Deportatio­n Liability Notice, “did not care about her opinion” and “did not have to explain himself”, she said.

Documents show Manning sought an urgent High Court hearing to put a halt to it and called the official’s boss. Having contacted the manager, it was discovered Immigratio­n NZ was basing its deportatio­n on an incorrect understand­ing of Immigrant X’s immigratio­n status. Manning was told Immigratio­n NZ had believed his visa, with months left to run, was to attend criminal court and not Family Court.

Manning has now sought interventi­on by associate Minister of Immigratio­n Kris Faafoi because of concerns over handling of the case. In a letter to Faafoi, she said the Immigratio­n NZ compliance officer was acting in an “unlawful” way. She said “individual­s cannot be arrested, detained and deported without proper paperwork or legal authority”.

She had since sought through the Privacy Act copies of informatio­n relating to the Deportatio­n Liability Notice, only to be told no such legal order had been created and no paperwork existed.

Immigratio­n NZ compliance and border manager Peter Devoy said the compliance officer was unaware Immigrant X had a valid visa for Family Court issues. The official had gone to court to serve a Deportatio­n Liability Notice which had not yet been fully completed. It had been drafted on a pad used by compliance officers who were out of the office, but had yet to be “authorised” by the official.

He said it “was not completed” after Manning provided further informatio­n. As a result, it was considered to have no legal force or to have ever been created.

Devoy said if Manning had not been present, Immigrant X would have been taken into custody. However, the process allowed for a lawyer to be called which would have alerted Immigratio­n NZ officials to the valid visa and halted the deportatio­n.

A police spokeswoma­n said officers were present because they had been asked to help with a Deportatio­n Liability Notice. At court, they were told they were not required.

Informatio­n seen by the Herald shows police and Immigratio­n NZ exchanged case informatio­n. Documents show police made immigratio­nrelated inquiries about the man and passed informatio­n learned to his former partner.

Documents also show his former partner passed on the name and phone number of a high-ranking National Party official, asking the person be contacted about the case.

A complaint to the Independen­t Police Conduct Authority over the communicat­ion was knocked back. Complaints about contact with Immigratio­n NZ were also rejected.

The IPCA told police that officers should apologise for making inquiries at the man’s work. The man was released from his job soon after.

The IPCA found an apology also should have been made about “inappropri­ate comments” about the man while speaking to one of his lawyers.

Data obtained by Manning showed Immigrant X’s Immigratio­n NZ file had been accessed by a Beehive staffer 243 times in nine months. The staffer was a close aide to former associate Immigratio­n Minister Scott Simpson.

Asked about the Beehive access of the file, an Immigratio­n NZ official said the high profile of the man’s ex-partner required access as a result of media queries. A search of media archives found no stories about the case.

Simpson said the number of times the file was accessed “surprises me”. He said he did not recall the case details.

Immigrant X’s file was accessed by a Beehive staffer 243 times in nine months.

 ?? Photo / Jason Oxenham ?? Deborah Manning overcame plans to put “Immigrant X” on a flight out of the country.
Photo / Jason Oxenham Deborah Manning overcame plans to put “Immigrant X” on a flight out of the country.

Newspapers in English

Newspapers from New Zealand