Sex offender to stay

Immigrant won’t be deported despite convictions for series of indecent assaults — if he stays clean for 5 years

Aman who emigrated to New Zealand has been convicted twice for sex offending since his arrival in 2012 — including while on bail — but will not be deported if his record stays clean for the next five years.

The decision by Immigration officials has been criticised, particularly as the man did not complete any rehabilitation programmes or offence-related courses in prison.

The Herald can reveal that Sultan Ali Abdul Ali Akbari arrived in New Zealand from Afghanistan in October 2012 on a resident visa.

In February the following year Akbari indecently assaulted a woman and was convicted.

Then in 2015 he was jailed for two years and one month for five charges of indecent acts on girls aged 8 and 10 and indecently assaulting an 18-year-old.

That offending happened while Akbari was on bail awaiting trial on the 2013 charge.

At sentencing in the Auckland District Court a pre-sentence report said Akbari’s risk of reoffending was “moderate to high”.

“Your risk of harm [is assessed] as high — noting in particular an escalation in offending,” said Judge Kevin Glubb. Akbari was also said to have showed no remorse.

The judge imposed a sentence of two years and one month in prison, saying the offending was “serious”.

In January Akbari, now 58, was granted parole — despite the board finding that a lack of English had resulted in Akbari making “no progress” in prison.

He did not complete programmes

to address his offending. But the board agreed to release Akbari, saying the “support structures wrapped around” the sex offender and plans to keep him “safe from such future allegations arising” were factors likely to ensure he did not reoffend.

“We do not see his risk level improving by remaining in prison,” said the convener, Judge Paul Gittos.

Akbari was released in February with several conditions that will stay in place until September, including a curfew and not associating with young people unsupervised.

He is living with family in the wider Auckland area.

The Herald can reveal Akbari holds a residency visa but a senior Immigration official has granted him a deportation liability suspension, removing the ability to deport him back to Afghanistan for five years.

Immigration spokesman Marc Piercey said: “It’s important to note that if [Akbari] reoffends within the five-year suspension period he will breach the conditions of his suspension and will be liable for deportation.

“The risk of reoffending is one of a number of relevant factors which was considered.

“Other factors included family connections and support in New Zealand, as well as the conditions in the relevant home country and the reasons and circumstances which resulted in a grant of residence in this case in the first place.”

Immigration Minister Michael Woodhouse did not comment and Piercey said that because he did not make the decision directly, he “has no legal ability to review” it.

Whoever makes such a decision has “absolute discretion” and is not obliged to provide any reasons.

A residency visa-holder who is convicted of a criminal offence can be deported under section 161 of the Immigration Act 2009. A deportation liability suspension can be given only to a person who has held a residenceclass visa for two years or less and cannot exceed five years.

If the person offends during the suspension a further assessment is made to consider if the deportation liability should be reactivated.

Victim advocate Ruth Money said the decision to let Akbari stay in New Zealand was “outrageous”.

“It’s astounding that a team within [Immigration] feels they can allow this recidivist sex offender to remain.

“I think it shows they are out of touch with what the public needs and wants and that they are not putting the safety of the public first.”

Akbari’s lawyer said she could not comment on the situation.

Last year Immigration NZ granted 88 residents a deportation liability suspension, and a further 210 in 2015.

This year, up until April 13, 35 suspensions were granted.