Restaurant owner faces possible deportation

Comment from Gerritt:


Probably the better place to post this – my WTF moment and as it encapsulate all that is wrong in NZL. We grant permanent residency to jailed useless trash (who so happens to have friends in Arderns social inner circle) that is costing tax payers $100K just to be here but kick out hard working, go getting tax payers and employers, that are integrating into and contributing to society.

Wonder if Lees Galloway will step in as minister and make the right thing decision regarding these immigrants.

NZ Herald: St Heliers restaurant owner fears deportation after immigration ‘error’, changes to entrepreneur visa

Import drugs, beat up wife, end up in jail, be friends with the PM inner circle, get permanent residency.

Run a successful business with $1.4M turnover, employ 26 staff, work hard, pay taxes, get deported.

Decision should only take 45 seconds Minister, not 45 minutes.

 

Sroubek -> Hardcore -> Ardern – pressure builds for full disclosure

The Opposition have been pressuring Iain Lees-Galloway and Jacinda Ardern on the Karel Sroubek deportation issue for over a month. National have obviously been trying to connect Ardern to the original decision by Lees-Galloway not to deport Sroubek after he completed his current prison sentence.

Today in Parliament, and immediately afterwards,  some dots were joined.

9. Hon MICHAEL WOODHOUSE (National) to the Minister of Immigration: Other than Karel Sroubek’s lawyer and family members, who made representations on his behalf in respect of the deportation liability that was the subject of the Minister’s decision on 19 September 2018?

Hon IAIN LEES-GALLOWAY (Minister of Immigration): I can confirm that amongst the information I considered on 19 September were letters of support from family, friends, business associates, and fellow sportspeople. Alongside the letters of support were sworn statements by a private investigator and a lawyer in the Czech Republic regarding the Czech justice system in Mr Sroubek’s circumstance. I do not consider it in the public interest to release the names of those who provided support or information regarding Mr Sroubek. Some have requested anonymity, and I consider it likely that naming people would expose them to unwarranted attention. None of those who made representations were known to me; none were MPs or former MPs, or MPs’ partners. I am unaware if any of the people had or have links to any political party.

That sounds carefully worded. Later:

Hon Michael Woodhouse: Has he seen any reports of the Prime Minister confirming that there were no “direct” representations to him; and, if so, what indirect or informal representations were made, including from MPs’ staff or supporters?

Hon IAIN LEES-GALLOWAY: None.

Hon Michael Woodhouse: Did Richie Hardcore, a former martial arts champion, make representations in support of his application not to be deported?

Hon IAIN LEES-GALLOWAY: As I said, I do not consider it in the public interest to name specific individuals, and I’m not going to do it by a process of elimination either.

 

Afterwards from NZ Herald: Karel Sroubek supporter texted PM after residency initially granted

Prime Minister Jacinda Ardern received a text from a Karel Sroubek supporter after the Czech drug-smuggler was initially granted New Zealand residency, but she did not respond.

During Question Time today, National’s immigration spokesman Michael Woodhouse asked Immigration Minister Iain Lees-Galloway if Richie Hardcore, believed to be a friend and supporter who met Sroubek through kick-boxing circles, had supported Sroubek.

Lees-Galloway would not answer, citing a lack of public interest, but after Question Time a spokesman for Ardern confirmed that Hardcore had texted the Prime Minister after news broke of Sroubek being granted residency.

“The Prime Minister received a text message from Richie Hardcore following media coverage of the first decision about Karel Sroubek that acknowledged the decision. She did not respond to the text.”

The spokesman said that Ardern and Hardcore were acquaintances and she had known him for years through his public advocacy work.

She did not know whether Hardcore had advocated for Sroubek, the spokesman said.

So that is a new development, but Ardern appears to be being not entirely open and transparent with her disclosure.

Muay Thai. Boxing.Drug & Alcohol Harm Reduction.Public Speaking. Occasional Media Comment Maker. Politics.Punk. Hardcore. Hip Hop. Day Dreamer.Idealist

Early last year, the Greens had political connections with Hardcore.

From 4 April 2017: Greens unite celebs and Kiwis in ‘fresh’ campaign video

Continuing its push to engage the younger voter, the Green Party’s new campaign video features plenty of fresh, recognisable faces amongst its regular roster.

Hunt For The Wilderpeople‘s Taika Waititi pops up via an iPad, as well as social commentator Richie Hardcore and comedians including Chris Parker and Alice Brine.

Greens co-leader James Shaw said the campaign signals a “fresh, new look” for the party.

The video features a surprising array of Kiwis for a political campaign. As well as actors and celebrities, the party says it went on the road to include regular New Zealanders in the video.

“The people who were keen to be involved and the resulting campaign is testimony to the incredible range and depth of Green supporters in this country. This campaign demonstrates who we are and what we stand for,” co-leader Metiria Turei said.

20 August 2017:

 and 

Phil Twyford’s Facebook page from 16 August 2017:

Join Jacinda Ardern​, Richie Hardcore, Carmel Sepuloni and Phil Twyford at ZEAL in Henderson this Saturday 2pm at Let’s Talk with Jacinda​ – an event organised for West Auckland youth by West Auckland youth. It’s time for a change. It’s time for the future. It’s time to talk! #LetsDoThis
(Authorised by Andrew Kirton, 160 Willis St, Wellington.)

Hardcore’s Facebook page 26 August 2017:

Richie Hardcore
Oh my god I love the way Jacinda conducted this interview; she’s so intelligent and articulate, I can’t wait for her to be our Prime Minister leading a Labour Green Government. ❤️💚

@RichieHardcore 23 April 2018: @NZClarke Welcome home bro, rise above and all that! NZ’s a terrible place to have more than 4 people know your name! Stay positive! 💛

Remember that lees-Galloway said in Parliament today:

I am unaware if any of the people had or have links to any political party.

This may just be a bunch of coincidental connections, but I think that Ardern needs to provide a full disclosure (open and transparent) about what sort of association she and Gayford have had with Hardcore, and whether there has been any link via Hardcore to the Sroubek deportation decision.

NZ Herald:

National leader Simon Bridges said tonight that Ardern had not been upfront and it was time she told the whole story.

“She’s only told us this much because of our relentless questioning. It beggars belief to say that this would be the first contact that she has had with Richie Hardcore about this case.”

Bridges said Ardern should release the full text message, and asked why Hardcore would have sent a text if she didn’t know who Sroubek was.

“For total clarity, the Prime Minister should appear in the House tomorrow and make a Ministerial Statement about her associations with Richie Hardcore, Sroubek and any of their other associates.”

Ardern has avoided addressing this openly, which has increased speculation and suspicions. Last week in Parliament when Bridges accused her of ducking and diving the Speaker Trevor Mallard stepped in and kicked Bridges out of the House.

But National are likely to keep coming back to this until Ardern fronts up openly and provides credible disclosure. Otherwise, it will look increasingly like she has something she wants to hide.

 

Lees-Galloway changes decision, Sroubek to be deported

After a lot of attention given to his decision not to deport Karel Sroubek, plus political pressure, and getting new information, Minister of Immigration Iain Lees-Galloway has reversed his decision not to deport Sroubek after he ends the prison term he is serving.

This has all looked quite sloppy from Lees-Galloway, and he has apologised to the Prime Minister – he said he was “acutely aware that trust and confidence has been damaged by this episode” and he’d apologised to the prime minister, and that apology had been accepted – but as Sroubek has remained in prison while this has been in the spotlight no real damage has been done except to Lees-Galloway’s reputation.

RNZ: Sroubek liable for deportation – Immigration Minister

Immigration Minister Iain Lees-Galloway has announced Czech drug-smuggler Karel Sroubek is liable for deportation when he is released from prison.

Mr Lees-Galloway said some information was not available to him when he made the original decision.

This included new information from Interpol confirming details of his convictions, including that he was present in court when found guilty and that he appealed the verdict to the highest court in the Czech Republic.

“He doesn’t have residency now because he’s not produced a valid travel document. But this decision of deportation overrides that.

“At the point where he was released on parole or at the end of sentence, INZ would step in and he would be removed from the country.”

Mr Lees-Galloway said Sroubek was being removed because he never had the right to hold the visa in the first place.

He had the right to appeal that.

“This was an unusual case,” Mr Lees-Galloway said.

Sroubek’s release is scheduled for around 2022.

RNZ: Immigration Minister knew of Sroubek’s crimes in Czech Republic

Immigration Minister Iain Lees-Galloway was informed of Karel Sroubek’s violent crimes in the Czech Republic and allowed him to stay in New Zealand anyway.

Sroubek was “liable for deportation” because his Czech convictions meant he should not have been allowed in New Zealand in the first place, he said.

However, the case file – revealed under the Official Information Act – showed the Minister was informed of those crimes before he made his original call.

“Mr Sroubek is also wanted by Czech authorities for service of 54 months’ imprisonment in connection with an incident on 28 June 1999, in which he attacked and greviously injured two Police officers and another incident on 4 October 1999, when he attacked a taxi driver,” the case summary said.

“It is understood that Mr Sroubek was convicted on 12 February 2002 of disorderly conduct, damaging of another’s property and attacking a law enforcement officer.”

Mr Lees-Galloway said he was only asked to consider Sroubek’s New Zealand convictions and didn’t think to consider the rest.

“I didn’t think of that,” he told reporters. “It would be quite extraordinary to expect someone to think of all the other possible questions that might be asked.

“I don’t know every single detail of the Immigration Act… I didn’t look at that and say ‘aha, he should be an excluded person.’

“That wasn’t something I was considering at the time.”

He has been criticised for not knowing every detail of the Immigration Act, but a lawyer has defended him on this.

This was sloppy from Lees-Galloway and his inexperience showed. He should have learned to take a lot more time and care when considering deportations of known criminals. He should be on notice not to stuff up again like this.

However I think that calls for his resignation may go too far. It would be ridiculous for resignations to follow every ministerial stuff-up.

Simon Bridges looked and sounded like a dork demanding a resignation. It is a demand made far too often by Opposition MPs and leaders.

National MP Michael Woodhouse sounded more credible criticising the original decision.

Is Lees-Galloway really at risk as a minister?

The Karel Sroubek issue continues to cause discomfort for Minister of Immigration Iain Lees-Galloway, and this is creating a problem for Prime Minister Jacinda Ardern.

National have been calling for Lees-Galloway’s resignation, and repeated that yesterday after Lees-Galloway admitted to spending just an hour considering the deportation of Sroubek, and to not reading the whole file he was given.

Ardern has now changed her stance from expressing confidence in Lees-Galloway to not expressing confidence, which may be an ominous sign.

I’m reluctant to jump on the sack-the-Minister bandwagon. And Lees-Galloway had seemed to be doing an ok job as a Minister.

But being a Minister of Government is a very responsible job. Minister’s make decisions that have major impacts on the lives of individuals (and of many people).

It appears that Lees-Galloway has not been up to scratch on this. I don’t know whether that justifies a resignation or a sacking, but either is looking an increasingly likely outcome. That would be sad as a result of a bit of a slack stuff-up, but that’s the nature of politics, and if Lees-Galloway isn’t up to the job he shouldn’t be given that responsibility.

Ardern has confidence in Minister of Immigration

It will be annoying for Jacinda Ardern and Labour to have the immigration and deportation thing hanging over their conference weekend, but it is an unresolved issue that deserves more answers.

She should be disappointed.

Duncan Garner (Stuff):  Dear Iain, your shocker continues to seep

Bet this wasn’t how your Labour mates saw this weekend’s party conference playing out.

Can’t imagine, Iain, you’ll be dragged up on the stage as ministerial eye-candy either.

Standing ovation anyone? Iain Lees-Galloway for services to a foreign crook and an unsafer New Zealand.

They’re hard places to hide those party conferences too.  Unlike parliament, the pillars to hide behind are few and far between, so just keep expanding the designer beard, it’ll soon envelop you.

John Roughan (NZH): Czech ‘refugee’ shows Government needs better judgment

Putting aside all we know about Karel Sroubek now, it is easy to say the crimes Lees-Galloway knew about ought to have outweighed the risk to the life of a drug importer with gang associations. But did they really? Often it is not until you sit in a decision making chair that the right course of action becomes clear.

To my mind the significance of the crimes for this decision was the question they raised about Sroubek’s honesty and therefore the credibility of his claim to be in mortal danger in the Czech Republic. Lees-Galloway ought to have asked his officials to check that claim more closely. Had he done so, they would easily have discovered the court records showing he’d been back to his homeland on business at least once, albeit under the false name he was using when he entered New Zealand.

It is easy to blame Immigration officials for not doing these checks of their own accord but again, it’s the person in the hot seat who can see these needs clearest. It worries me that Lees-Galloway did not ask enough questions of this supposed refugee and surprises me that Jacinda Ardern was so quick to endorse his decision on Monday. A Prime Minister occupies the ultimate hot seat and is usually hyper-alert to political danger.

This issue will be ongoing pending the up to 3 week inquiry ordered by Lees-Galloway.

Laura Walters:  Immigration Minister in a precarious position

Immigration Minister Iain Lees-Galloway will be stuck between a rock and a hard place for as long as three weeks, as questions hang over his decision to grant residency to a convicted drug smuggler and gangster.

Lees-Galloway has spent the past week trying to explain his discretionary decision to grant Karel Sroubek residency – but without actually divulging any of the details of the case.

This has left him stuck in a politically precarious position where, upon legal advice, he is refusing to answer any substantive questions on the controversial issue. But the risk of making a further mess of things by spilling his secrets is much greater.

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.

Smith in custody in Brazil

It’s reported that Fugitive Phillip Smith taken into custody in Brazil…

Fugitive Phillip Smith has been taken into custody in Brazil.

Police Commissioner Mike Bush made the announcement just after 4.30am, saying Brazil Federal Police had Smith in their custody.

The New Zealand police liaison officer in Brazil visited Mr Smith and confirmed his identity.

In one way this is good news. He shouldn’t get away with breeching his temporary release and sentence.

In another way it’s not so good, there were many feelings of “good riddance”.

What now? How easy will it be to get Smith back to NZ?

Police Minister Michael Woodhouse said New Zealand did not have a formal extradition treaty with Brazil, which prompted concerns that returning Smith to this country could be a lengthy, complex process.

But he said Smith could be liable for deportation, which would be a simpler process than extradition.

Smith was not travelling on a valid travel document and he had failed to disclose his convictions when entering Chile and Brazil, meaning he was in the latter country illegally and could possibly be deported.

University of Auckland international law expert Bill Hodge believed if Smith was caught, he could be deported from Brazil based on problems with his visa.

“Then [they would] simply send him to the airport to deport to a place where an airline will carry him, and that will be in the first instance, Santiago, Chile – where they will deport him further out of transit back to New Zealand.”

So he could end up back in custody in New Zealand soon.

And then the issue of parole and release will come up again sometime.

Smith had committed many offences. Murder was the worst, and it was particularly nasty, as described on Campbell Live last night:

The victim was molested by Smith between the ages of 10 and 13 and was forced to watch as Smith stabbed his father to death, while out on parole in a violent home invasion in 1995.

When Smith was finally locked up, he continued to stalk and taunt the victim and his family from behind bars.

“He had a hit list to kill the whole family,” he says.

The victim described Smith’s predatory behaviour toward him and his family while on bail, saying Smith would stalk the family house for weeks before violently entering, despite conditions expressly prohibiting him from contact with the family. It was on bail that Smith stabbed the victim’s father to death in front of his eyes.

He says he has had trouble coping with the situation. Ever since Smith fled to South America, he has been sleeping with a knife under his bed, afraid the man who killed his father will come after him too.

“I’ve got mixed emotions – anger, fear. It’s not the first time they have let me down, and my family down.”

He is worried for the future and wants to see Smith put “back to where he belongs”.

While fleeing has brought this all up again Smith may have done some good, inadvertently, by fleeing.

He is obviously still high risk. Surely this justifies keeping him locked up, with no temporary release. This may not be indefinite but it should be for a long time at least.