New passport may be pathway to residency
Czech drug smuggler Karel Sroubek has now obtained a passport in his real identity – that could see him try to apply for residency again.
However, the significance of the document depends on the outcome of Sroubek’s appeal to the Immigration Protection Tribunal. It is unclear on what grounds Sroubek, who is an excluded person and subject to deportation liability, is appealing. According to the Immigration Act, there are no grounds if the minister or an immigration officer refuses to grant residence to an excluded person. In November, Immigration Minister Iain LeesGalloway decided Sroubek was liable for deportation because a visa was granted in error, after information showing he was an excluded person was omitted from a file.
Sroubek’s lawyer, Paul Wicks, said his client’s right of appeal arose out of the fact that he was granted permanent residency and had met the conditions set out in the minister’s letter – that included getting a valid passport.
Wicks confirmed he had filed an appeal with the tribunal.
Industry experts say Sroubek’s passport is significant, particularly if his appeal was successful and he was granted a residence visa in his real name. Then he would legally be in New Zealand under his true identity.
It’s not clear if he would have to make a full residency application or simply present his passport to Immigration NZ – as stated in the minister’s original decision letter.
Immigration NZ general manager Stephen Dunstan said it was understood Sroubek had obtained a travel document in his true identity, however he had yet to provide it to an office of Immigration NZ with the appropriate paperwork in order to have the grant of residence considered.
Consulate General of the Czech Republic Hana Flanderova´ confirmed Sroubek had been issued a ‘‘personal document’’.
This did not influence the process in terms of deportation/extradition, which still had not been requested, she said.
A passport in Sroubek’s true identity will be good news for New Zealand authorities who will require a valid travel document for him to leave the country.
Sroubek used a friend’s passport when arriving in New Zealand in 2003, under the false name of Jan Antolik. The kickboxing champion used the false identity to gain residence in 2008 under the sports talent category.