Dotcom deportation decision on hold

An Immigration NZ report on possible deportation of Kim Dotcom is on hold until after his extradition has been fully dealt with.

NZH Exclusive: Inquiry into deporting Kim Dotcom is complete but Immigration NZ is keeping its findings secret – even from its minister

Immigration NZ has completed an investigation into whether Kim Dotcom can be deported from New Zealand for failing to declare a dangerous driving conviction – but it’s refusing to say what the outcome is.

The department has not even told its new minister, Iain Lees-Galloway, the inquiry is complete although legal experts say it almost certainly would recommend Dotcom be deported.

But that won’t happen without the report going to Lees-Galloway – it’s his job to make the decision.

Immigration NZ won’t say what the outcome is and instead aims to wait for the end of the legal fight to extradite Dotcom to the United States to stand trial for alleged copyright breaches.

Immigration NZ’s resolutions manager Margaret Cantlon said “any question” of Dotcom’s deportation would not go to Lees-Galloway until the extradition proceedings, including appeals and any judicial review, were finished.

“INZ has not briefed the new minister on the deportation case.”

Deportation would interfere with the long running extradition process that is back in court (Court of Appeal) at the moment.

If deported, Dotcom would likely be sent back to Germany, which would pose a problem for the United States because it has different extradition rules. Germany has already refused to extradite one of the Megaupload accused within its borders.

Deportation “looked a slam dunk”:

Lane Neave law firm partner Mark Williams said the final decision was down to Lees-Galloway and “the minister is going to hope extradition does the job for him”.

It would save carrying out unnecessary work, potentially fighting through the court and save the minister from a political hot potato.

“My view is if it got to the position where the minister was looking at this under a National government, it would be a practical certainty he would be deported.”

Under the new government, he said it still looked a “slam dunk” because it was the second time a new conviction had emerged. “That would not be viewed favourably at all.”

Williams, who is considered an international expert on immigration law, holds roles at leading universities and sits on the NZ Law Society immigration committee, said the international perception of New Zealand’s immigration system was important.

“You’d almost have to deport someone like that to send a message.”

If Dotcom survives extradition and faces deportation he is unlikely to go without another legal fight.

Dotcom has called deportation the government’s “plan B” if efforts to extradite him to the United States fail. But he has said that effort to remove him would result in another fight through the courts.

Williams said appeals were heard by the Immigration and Protection Tribunal and could be subject to judicial review at the High Court. Successful appeals beyond the High Court were rare.

Dotcom’s situation, his amount of financial resources and his determination to fight through the courts are also rare.

53 Comments

  1. lurcher1948

     /  February 22, 2018

    There are FAR worse people in NZ that we should get rid of.Kim has never affected me, but John Key didnt like him.

    • The man is an habitual criminal. Fraud is his specialty and this was known when he initially applied for residency. I’m a great believer in leopards and spots over redemption and feel I am proved right in this instance, being as he’s wanted for fraud on a massive scale in the USA.

      He couldn’t even tell the truth about a speeding fine ( as he calls it), but dangerous driving as the rest of us call 100kmh over the odds in a 50km area.

      As for saying “Key didn’t like him”,I’d say Key couldn’t have given a flying fig, being a pragmatist and realist, but the rest of us, bar about 2% showed their disdain when he failed so dismally and sucked under MANA in his endeavours to game our democracy.

      He’s a crook. is charged in the USA for advanced crookery and the sooner he, his acolytes and family FRO the better.

      • Blazer

         /  February 22, 2018

        your defamatory comments open up Pete to legal jeopardy….you should withdraw…them.

        • Callum

           /  February 22, 2018

          Its not defamation, he is a convicted criminal. Public knowledge, you can go look it up yourself.

          • Blazer

             /  February 22, 2018

            ‘he’s wanted for fraud on a massive scale in the USA’…Are you one of those calling for convicted criminal Sir Douglas Graham,to be stripped of his knighthood…well are you?

            • Callum

               /  February 22, 2018

              He has convictions in Germany and Hong Kong. The statement you have quoted is also factual, are you trying to say the USA are not pursuing him at the moment? Please quote a defamatory statement made by Traveller.

            • Blazer

               /  February 22, 2018

              @Callum…starter…’ is charged in the USA for advanced crookery ‘.Over to…you.

            • Kitty Catkin

               /  February 22, 2018

              That is irrelevant to this case.

              Dotcom is also cruel to animals. He drove around the country roads full speed in a noisy car with a blaring stereo and terrified the horses and other animals living there. This seemed a huge joke to him. When the animals’ owners protested, he hacked their emails and sent smart-arse messages to them.

              Traveller, I do believe that people can change their ways. I know two people who were once very successful drug traffickers – fairly big time ones They neither hide nor parade this, and are the straightest, nicest people imaginable. I know someone else who was a bank robber until a 7 year sentence seems to have shown him that this was a mug’s game.

              But fraudsters are different (says the expert on criminal psychology) I wonder if they CAN change their way of thinking that they are cleverer than the rest of us mugs.

            • Blazer

               /  February 22, 2018

              AND…This was pursuant to a request from the U.S. Federal Bureau of Investigation that the four be extradited for racketeering and money laundering.’-Wiki.
              ‘Kim Dotcom denied the charges filed against him, and retained the services of Ira P. Rothken, an attorney who has defended several copyright infringement cases. Ira Rothken stated that there is no criminal liability for secondary copyright infringement under US law, quoting a similar case involving YouTube as an example of similar accusations which were dealt with as a civil case.’….where is the fraud charge mentioned by Traveller?

            • Callum

               /  February 22, 2018

              Are you seriously trying to say he has not been charged in the US?

            • Blazer

               /  February 22, 2018

              I am trying to say accusing someone of crookery and or fraud when they have not been charged with either is tantamount to…defamation.Do you…follow?

            • Callum

               /  February 22, 2018

              What would you describe racketeering,money laundering and wire fraud as? And he did not accuse him of those crimes, he simply said he had been charged in the US with them. He has prior convictions in Germany for computer fraud and further convictions in Hong Kong. So convicted fraudster facing further fraud charges, no defamation at all.

            • Blazer

               /  February 22, 2018

              @Callum…’What would you describe racketeering,money laundering and wire fraud as? ‘…I would call that ‘business as usual’ for Wall St and City …banks…(copyright infringement is what DC is accused of).
              https://www.businessinsider.com.au/worlds-top-20-banks-misconduct-fines-worth-264-billion-2017-8?r=UK&IR=T

            • Callum

               /  February 22, 2018

              The original indictment includes racketeering and money laundering which you would know with 30 seconds on Google, so you are either ignorant or being deliberately misleading to refer only to copyright and claim a convicted fraudster is being defamed.

            • Blazer

               /  February 22, 2018

              past convictions on charges are no guarantee that new allegations will lead to a conviction.Otherwise there would be no need for a trial would there?

            • Callum

               /  February 22, 2018

              Traveller never said he would be convicted on the US charges, just said he was charged so where is the defamation? Your comprehension seems lacking. I also note your link lists among the charges on the first page racketeering and money laundering so you argument is invalid.

            • Blazer

               /  February 22, 2018

              they’ve got a huge net of…charges,but…’He’s a crook. is charged in the USA for advanced crookery’.. is not one of…them.Their main thrust is…envy…he made too much money,and they didn’t get a cut.

  2. Gezza

     /  February 22, 2018

    It might not necessarily be a “slam dunk” that the Minister of Immigration (whoever it is by the time Dotcom’s finished the extradition appeal process) will deport him.

    Even the Minister will be required by the legal Principles of Fairness & Natural Justice to weigh & balance all the relevant factors in favour of deportation with those against – should he finally succeed in his case against extradition.

    That would include the severity of the traffic offence & the non-declaration vs all other factors against deporting him that might outweigh removing him. Dotcom’s got children & a current wife who were born in NZ, & his lawyers will no doubt present a stack of other factors in favour of his being allowed to stay here.

    • His character, utter greed and self interest would make that a short process were Trav in charge. 😉

      • PartisanZ

         /  February 22, 2018

        JohnKey musta been wearing mighty strong deodorant then … on numerous occasions …

      • Blazer

         /  February 22, 2018

        ideal National M.P material-‘His character, utter greed and self interest ‘

        • PartisanZ

           /  February 22, 2018

          What a shame, isn’t it, National having no-one of Key’s ‘class’ to parachute into the leadership …?

  3. Blazer

     /  February 22, 2018

    on that basis…Dr Yiang will have his citizenship revoked and be…deported.

    • PartisanZ

       /  February 22, 2018

      On the basis of how this has gone so far … we’ll all be dead before a decision gets made.

  4. Pickled Possum

     /  February 22, 2018

    Kim put on a spectacular fireworks show all for free, that’s gotta count for something.
    Kim.Com has been open in all of his past convictions …
    which were pardoned in his country of origin. He is by all accounts a great father,
    lover of fine food and has paid all debts owed … while his bank made un-accessible by USA,
    a country he has never been to or does business there.
    Has Peter Thiel ever done that. Who once said …”South African apartheid was a “sound economic system” and that “moral issues were irrelevant” to the country’s economy”. UhOh.

    Also Kim.Com put the Clayton’s Father of the Year winner J Banks on show …
    who showed us how it is possible to forget a chopper ride to a mansion in Coatsville.
    Major memory fade, a talent that people of his ilk practice daily.

    America trying to show us how to conduct our business,
    who should be able to live in our little country.
    When they are morally bankrupt in their’s.
    Their health system is designed for the rich and famous every one else is collateral damage … it seems. Cancer drug Imatinib Gleevec a cancer treatment drug costs $598.NZ
    in the US it costs $9863.

    USA treat their veterans like gum on their shoe, send to ‘defend” America,
    when they are not being threatened, except when they need oil fields.
    Over 10% of homeless Americans are veterans.
    Fundraisers for Disabled Veterans take 90 cents out of every dollar!!!!!
    and it’s legal as long as they declare it to the public … who have stone ears.

    Trump has called bankrupt 6 times since 1991. But who now says that having that experience he will get USA out of debt … cause he knows how to do it …
    while still retaining a big fat pay.

    Kim.Com was treated badly by the Americans, that is the power they were allowed to wield in NZ … overriding NZ Mana, when dealing with a very clever man.
    Dotcom reached a confidential settlement with the New Zealand police over an alleged use of “unreasonable force” in his arrest.

    In December, a judge cleared the way for Dotcom to be extradited to the US to face internet piracy charges. His legal team is appealing the decision. I hope he gets to stay.

    I like his new wife, she is a woman of class and culture and is very approachable .. business and law student, not like the sour faced 1st ladies of … you know where.

    Kia kaha Kim.Com and whanau.

    • Kitty Catkin

       /  February 22, 2018

      You’d look sour if you were married to Trump. I’d be willing to bet that as soon as his term’s over, the marriage will be, too.

      Kim Dotcom is an egomaniac and criminal.

      He is cruel to animals.

      He is a Nazi sympathiser, and I wonder if his antipathy to John Key was to a large extent because John Key is Jewish. Dotcom owns one ot the most expensive copies of Mein Kampf, a signed and dedicated 1st ed. He has other Nazi memorabilia and has been photographed wearing some.

      His photos of himself with his wives show him grinning and pointing at them as if they were possessions.

      Read his autobio. I didn’t read it all, it was too nauseating.

      • phantom snowflake

         /  February 22, 2018

        I have often been puzzled by your claims that Kim Dotcom is a “Nazi sympathiser.” Is this something you have just made up yourself or have you read it somewhere? If it’s just a case of you assuming that possessing Nazi memorabilia = Nazi sympathiser, that is absurd. There are many people who have totally benign political views but are interested in military history and collect memorabilia related to World War 2. Thankfully it would appear that you may have (finally) ceased making disgusting disparaging remarks about his weight.

        • Kitty Catkin

           /  February 22, 2018

          Being photographed dressed in Nazi gear is a bit of a hint.

          Nazi and military are not synonymous, and Nazi regalia is not like military regalia as it was worn by many people who were not in the army. Ergo, it is hard to see how someone who is interested in military history will find political history fascinating as a matter of course.

          I don’t see why someone who didn’t admire Hitler would spend so much on a copy of Mein Kampf – one of the dullest, most badly written books ever to make it into print – which has Hitler’s autograph in it.

          If someone had a collection of Beatles memorabilia and spent a fortune on a signed album, as well as being seen dressed in Beatle gear, it would be a fair bet that they admire the Beatles.

          • Kitty Catkin

             /  February 22, 2018

            He was given a Nazi flag for his birthday and said that it was the best present that he had ever been given. It’s documented that Nazi greetings and phrases were used, so either he is a sympathiser or finds this sort of thing funny and acceptable.

            The SS helmet is, by an extraordinary coincidence, a perfect fit for his XXXXL head.

            • phantom snowflake

               /  February 22, 2018

              I’m happy with his explanation here; I think it’s time you let it go.

              The Internet Party launches its online push for members today, but in an interview with 3 News last night, the German internet entrepreneur said he had bought a rare signed copy of Hitler’s autobiography at an auction four years ago.

              “I’m a [video game] Call of Duty player right … It’s all about World War II and how you play and I’m a big fan of that. I’ve bought memorabilia from Churchill, from Stalin, from Hitler.”

              But Mr Dotcom denied his ownership of the book meant he subscribed to Hitler’s Nazi ideology.

              “Well let me make it absolutely clear, I’m not buying into the Nazi ideology. I’m totally against what the Nazis did.”

              http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11227076

            • Kitty Catkin

               /  February 22, 2018

              Odd that a Nazi flag was his best ever present, then.

            • phantom snowflake

               /  February 22, 2018

              Kitty: The claims about the “Nazi flag”, which Dotcom has always denied, originated with that most reliable of sources Cameron Slater FFS!! The idea that a “Nazi sympathiser” would marry a Filipino and collaborate politically with a Maori Nationalist does not bear scrutiny. Give it up, seriously.

            • phantom snowflake

               /  February 22, 2018

              Also, Kitty: further up the thread you make a number of allegations regarding Kim Dotcom which are at best dubious, and in some cases false. The one that is concerning is the one in which you say: “When the animals’ owners protested, he hacked their emails”. You are alleging a crime here; can you not see that you are putting this site at legal risk?

            • Kitty Catkin

               /  February 22, 2018

              No, because this is true. He thought that the emails were a joke, the recipients didn’t.

            • phantom snowflake

               /  February 22, 2018

              Ok Kitty, I’ll be kind and put you out of your misery. Dotcom sent an email to some neighbours in which he joked that he “was just hacking into a local mail server” Again: Joked!

              https://www.theguardian.com/technology/2012/jan/24/kim-dotcom-scares-neighbours-email

              You’re welcome!

            • Kitty Catkin

               /  February 22, 2018

              Bog off.

            • phantom snowflake

               /  February 22, 2018

              Phew! Sounds like this is over then. Time for a lie down.

    • lurcher1948

       /  February 22, 2018

      BUT BUT john key wanted rid of him

      • Kitty Catkin

         /  February 22, 2018

        So many people were there when he was given the flag that one must wonder about it.

        • phantom snowflake

           /  February 22, 2018

          “So many people were there…” In that case I’m sure you’ll have no trouble finding a credible link to support this, and I don’t mean Whaleoil or Reddit! (I’m not normally the type to ask for a link, but I’m getting a bit tired of your crap on this thread.)

  5. Blazer

     /  February 22, 2018

    very good PP…apart from…’Kim put on a spectacular fireworks show all for free, that’s gotta count for something.’.

    • Gezza

       /  February 22, 2018

      I think that one was a bit tongue-in-cheek, B.

      • Blazer

         /  February 22, 2018

        what about this bit…’I like his new wife, she is a woman of class and culture and is very approachable .. business and law student, not like the sour faced 1st ladies of … you know where.’?

        • Gezza

           /  February 22, 2018

          I think she might’ve meant that one. Possum’s a wahine toa. Relationships & aroha are important.

        • Well maybe PP likes women who commit perjury court and lap dance

          • Blazer

             /  February 22, 2018

            not without …appeal…who is this ..woman?

          • Pickled Possum

             /  February 22, 2018

            “who commit perjury court and lap dance”
            Who was this trav?
            the sweet young bride of kim.com?
            Did she do a lap dance for her husband or her ex?
            or for the whole house, down on fort street.
            I don’t like liars and cheats and all those other people that
            some have an almost reverent adoration thing going on.
            But, I have been know to be sucked in now and then, my radar lets me down especially when I have a smiling face in mine offering me kindness and free advice. Come on trav spill the gory beans.

          • Gezza

             /  February 22, 2018

            Not a bad idea to marry a law student, all things considered.

  6. Alan Wilkinson

     /  February 22, 2018

    A legal goldmine. What’s not to like?