Smuggler must leave
Immigration Minister Iain LeesGalloway already had much of the ‘‘new’’ Interpol information he used to reverse his decision to grant Karel Sroubek residency.
A fresh Immigration New Zealand (INZ) probe into the drug smuggler found he was liable for deportation on grounds not previously considered.
However, documents released under the Official Information Act show the minister would already have had access to that information.
On page five of the 12-page case file summary, it was indicated that Sroubek was an excluded person because of his convictions in the Czech Republic. But Lees-Galloway claims he was not asked to consider convictions outside New Zealand.
Lees-Galloway said the ‘‘new’’ information showed he was an excluded person.
However, when a reporter pointed out that this information was in the file he received and asked why he did not include it in his decision, he said: ‘‘I don’t know every single detail of the Immigration Act. I had been asked to consider his liability for false identification and for the conviction in New Zealand. Whilst it was material to the overall decision, I didn’t look at that and say, ‘aha, he should be an excluded person’. That wasn’t something I was considering at that time.’’
He said he knew what was in the file, and that Sroubek had been convicted, but at the time that information was not relevant to making the overall decision.
When asked if he did not understand the Immigration Act act, he said that was not the case. ‘‘I have to rely what is put in front of me by Immigration New Zealand officials. They go through these files carefully. They consider all the legal aspects and they put the case to me . . . I was not asked to consider his liability for convictions in Czech Republic.’’
When asked if INZ officials should have pointed it out to him, he said: ‘‘This is the sort of thing the review of the way material is put together for ministers, needs to explore.’’
He said there was additional information in the new file that he used to reach his final determination but would not go into detail because Sroubek had a right to appeal and he wanted to make sure the case was ‘‘watertight’’ and give the Crown the best chance to make its case if Sroubek appeals.
INZ deputy chief executive Greg Patchell said a summary of some information from Interpol, including his convictions, was included in the original case note.
However, it did not form one of the grounds for the minister’s consideration at that time.
‘‘When INZ reviewed the file following new information entering the public domain it sought further information from Interpol.
‘‘This included new information from Interpol confirming details of his convictions, the fact he was present in court when found guilty and that he appealed this verdict to the highest court in the Czech Republic.’’
The deportation liability assessment, which the immigration minister originally considered for Sroubek, was released under the OIA.
It states that ‘‘Sroubek is also wanted by Czech authorities for service of 54 months imprisonment in connection with an incident on September 7, 2003, where he was one of a group of men involved in a violent attack on a victim, during which the victim was shot dead by another member of the group. It is believed that Mr Sroubek faces charges of attempted bodily harm and disorderly conduct in connection with the incident.’’
Lees-Galloway said yesterday some information was not available when he made the original decision, including new information from Interpol that confirmed details of Sroubek’s convictions, the fact he was present in court when found guilty, and that he appealed this verdict to the highest court in the Czech Republic.
Parliament, in passing the Immigration Act 2009, and its predecessor, the Immigration Act 1987, set a minimum statutory bar on who is entitled to come to New Zealand including certain criminal convictions, he said.
Sroubek’s visas (both temporary and permanent residency) were granted when his Czech convictions rendered him a person who did not meet that bar.
Immigration NZ did not know this because Sroubek was using a false identity, he said.
Lees-Galloway said the effect of this new liability is that Sroubek would have to leave New Zealand upon his release from custody and would be unable to return.