Minister stands by call on Sroubek
Immigration Minister Iain Lees Galloway is standing by his original decision to grant residency to Czech drug-smuggler Karel Sroubek, despite a review citing “powerful” reasons to deport him.
But the minister concedes that 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 after Lees-Galloway’s controversial decision to grant Sroubek residency despite a drug-smuggling conviction and an admission that he used a false identity to gain a resident visa.
The minister revisited the case after it emerged Sroubek may have travelled back to Czechia, and eventually issued a new deportation notice.
Sroubek is appealing it from prison where he is serving his drug sentence after being recently denied parole.
The Heron review found the INZ processes were adequate but could be improved. It said ministers applying absolute discretion may have limited time and did not usually receive free and frank advice on deportation cases — though ministers 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 review said.
The risk could be mitigated if more decision-making was delegated to experienced experts, which would keep the minister “above the fray”.
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 QC said.
“The grounds contained 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, Lees-Galloway stood by his original decision to grant Sroubek residency.
“It [the Heron report] also says that in decisions of absolute discretion, unexpected decisions do happen.”
He said his decision was appropriate given the existing process and the information available to him.
“The man is liable for deportation based on the second decision that I made, and that decision was made with additional information.”
Lees-Galloway said he would implement Heron’s recommendations, including allowing for free and frank advice to ministers and for immigration officials to test the veracity of information provided to ministers.
He said he had already made changes to the way he dealt with deportation cases. They included allowing him more time to read the entire case file, and having a lawyer present to answer any legal queries.
Lees-Galloway was roundly criticised last year for not reading all of Sroubek’s file and for making his decision in less than an hour.
Prime Minister Jacinda Ardern said she still had confidence in Lees Galloway.