Criminals escape deportation

By JO-MARIE BROWN

Two convicted criminals, one of whom may have deliberately got pregnant to remain in New Zealand, have had their deportation orders quashed and will be allowed to stay.

A Vietnamese man sentenced to 3 1/2 years' jail in May 2000 for "a wanton and callous attack on an unarmed man", and a Chinese forgery offender who fell pregnant after being ordered to leave the country have both had their appeals upheld by the Deportation Review Tribunal.

The decisions prompted Immigration Minister Paul Swain to admit yesterday he was concerned about some rulings the tribunal had made.

In the past four years, 11 other convicted criminals - including an arsonist and a cocaine importer - have been allowed to stay after the tribunal upheld their appeals against deportation orders.

"I've been Immigration Minister for two months but in that time I've become concerned about some deportation rulings that have overturned ministerial decisions," Mr Swain said.

"I respect that this body is independent but this is an area I am wanting to look at in depth this year."

While the Department for Courts is ultimately responsible for how the tribunal operates, Mr Swain could review the grounds on which people can lodge appeals under the Immigration Act. It is the latest of a number of decisions by tribunals or judicial bodies to attract Government concern after perceived failings by the Refugee Status Appeals Authority, Maori Land Court and Waitangi Tribunal.

New Zealand First's justice spokesman, Dail Jones, has also promised a review of the tribunal if his party is elected to power, saying our immigration system is a "soft touch".

"I'm appalled at the decisions of the tribunal to allow violent offenders who are foreigners to stay in New Zealand," Mr Jones said.

National's immigration spokesman, Wayne Mapp, last night called for Parliament to set clearer rules for quasi-judicial bodies such as the tribunal and the Refugee Status Appeals Authority.

One of the tribunal's latest rulings involves a 25-year-old Vietnamese man, Le Manh Toan, who along with his brother was convicted of wounding with intent to cause grievous bodily harm. Lianne Dalziel - who was immigration minister at the time - argued he should be deported because he had committed a serious act of violence.

But the tribunal said it would be unduly harsh if he were deported.

In the second case, Chinese woman Lin Gao was convicted on three counts of using a document for pecuniary advantage. After she was told to leave NZ in February 2002, she fell pregnant to a man who did not know the deportation order existed. She was allowed to stay.

Auckland barrister Robyn von Keisenberg, who chairs the tribunal, refused to comment last night on the Immigration Minister's concerns. But she said the two recent decisions were both clear-cut.

The legislation set out humanitarian grounds which the tribunal had to weigh up against the seriousness of the crime. "It's a balancing exercise." Sometimes it could be difficult, at others extremely clear.

TRIBUNAL MAKEUP

The Deportation Review Tribunal has three members. The chairman or chairwoman must be a barrister or solicitor of not less than five years' standing. The present members are Robyn von Keisenberg (chairwoman), Raewyn Weller and Claire Duncan.

Here to stay - Case one

A Chinese forgery offender who the tribunal said was "somewhat calculating" in falling pregnant had her deportation order quashed because of family interests.

In its ruling, the tribunal said Lin Gao, in her mid-30s, had mental health problems, and no family in China.

The deportation order was issued in February 2002 - just a few months before she got pregnant. The tribunal said that deporting her would result in undue hardship to her and her family, including an elderly mother who followed her daughter to New Zealand and was now a citizen.

It took into account that Lin Gao's 2001 crime was not a "crime of violence".

The woman had used Holiday Shoppe letterhead in order to obtain a non-immigrant visa to get to the United States, and was fined $500 for each offence.

The minister at the time of the hearing, Lianne Dalziel, submitted that residence status in NZ was a privilege and those who abused the privilege "ought to lose it".

The Government had also claimed that Lin Gao was involved in "a much larger scale of document fraud than had been evident by the number of convictions".


Here to stay - Case two

An immigrant who has served time in jail following a violent attack on a stranger has been allowed to stay in New Zealand because he has no relatives now in Vietnam.

Le Manh Toan was reunited with his mother, brother and sister in NZ in 1998, after more than a decade apart from them.

But just nine months after arriving, he and his brother attacked another man. The brothers each received a 3 1/2-year jail sentence.

A deportation order was subsequently issued but the tribunal has ruled Le Manh Toan can stay because sending him back to Vietnam would severely affect his family, particularly his mother, who was emotionally fragile.

It said Le Manh Toan no longer had family members in Vietnam and it took into account "the trauma and difficulties this appellant has encountered in his attempts to join his family in New Zealand".

The 25-year-old had worked for a company specialising in embroidered logos.

His employer described him as a reliable, honest and trustworthy employee.

Le Manh Toan argued he could make a positive contribution to the economy and said he was remorseful and ashamed of his crime.