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The South African man jailed after driving off the summit of Mt Wellington and killing his daughter will be released from prison this week after serving just a third of his sentence - but his days in New Zealand look numbered.
A removal order was issued against Garth Abbott by Immigration New Zealand earlier this year on the grounds of the seriousness of his conviction.
But Abbott's family is appealing the order on compassionate grounds and the matter has been referred to Associate Immigration Minister Shane Jones, who confirmed a decision on the case would be made shortly.
Abbott's wife Mirese, who has stood by her husband through the ordeal, and surviving daughter Shirvaun are not subject to the removal order.
Mirese Abbott could not be reached for comment but in an earlier interview with the Herald on Sunday she described her battle with immigration authorities as a "nightmare" and said strenuous efforts were being made to have her husband deported.
She added it would be a tragedy for their daughter Shirvaun who would have "no dad in her life".
Abbott's lawyer Michael Bott agreed, saying the family would be seriously affected should his client be forced to leave. Under the removal order he would not be able to return to New Zealand for at least five years.
"The family love Garth and they are anxious he remain in the country," said Bott. "What they have been through is a tragedy and they now just want to get on with their lives.
"This family has been through hell and have this axe hanging over them. It is very stressful and frightening."
Abbott - who to this day has maintained his innocence - had been a model inmate and had served his sentence without incident, Bott said.
If he was allowed to remain in New Zealand there was no doubt he would be a law-abiding citizen.
Abbott was sentenced in March last year to four years in prison for the manslaughter of his 9-year-old profoundly deaf daughter Brittany.
He had initially been charged with murder, with the Crown alleging the decision to drive off the Mt Wellington summit in August 2005 with his children in the car was deliberate - a response to relationship difficulties with his wife and ongoing pressures related to his daughter's medical problems.
Before the crash Abbott had been told the family was unlikely to get residency because his children - both of whom were deaf - would become a "burden" on the health system.
Abbott denied that was a motivating factor in his decision to drive off the summit, blaming the crash and the death of Brittany on the distraction of an emotional cellphone call.
In its decision released last week, the Parole Board said it was satisfied Abbott did not pose a risk to the safety of the community, adding that while in prison he had undertaken a parenting course along with work for Prison Fellowship.
Given he had a stable address to go to and the support of a strong network of friends there was no reason to hold him in prison any longer, the board found. His final release date had been September 2011.
