The Post

Smuggler must leave

- Collette Devlin

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.

 ??  ?? Karel Sroubek in his persona as kickboxer Jan Antolik.
Karel Sroubek in his persona as kickboxer Jan Antolik.

Newspapers in English

Newspapers from New Zealand