Minister cannot legally appeal to deport rapist

Immigration Minister Lianne Dalziel has no legal grounds to challenge a decision that stopped her deporting a convicted rapist and kidnapper, the Crown Law Office says.

Ms Dalziel had asked for advice on whether she could challenge a Deportation Review Tribunal decision to allow Hassan Ahmed Shaqlane, of Somalia, to stay.

Shaqlane came to New Zealand in 1997. He was convicted in Hamilton in July 2000 and is serving an eight-year prison term.

Ms Dalziel signed a deportation order for Shaqlane on May 30 last year, but he won an appeal before the tribunal in August.

New Zealand First deputy leader Peter Brown said last night that if Ms Dalziel did not challenge the tribunal's ruling, on the grounds of legal advice, she was either "ill-advised, or the law is an ass".

"Either way, the buck stops with Ms Dalziel. "The health and safety of New Zealanders must have priority over the home comforts of imported rapists and kidnappers," he said.

In its decision to quash the deportation order, the tribunal said Shaqlane's conviction offences were serious, but deportation would tear apart his family, separated for 10 years until being reunited in NZ recently.

It also found there was "a prima facie case" that Shaqlane risked torture if returned to Somalia.

A Probation Service report had assessed Shaqlane as a low-risk offender.

- NZPA