Overstayers released on bail

Three Chinese illegal immigrants arrested in Rotorua have been released on bail by a Rotorua District Court judge after spending seven weeks in prison.

The decision has upset immigration officials, who say they will do everything possible to ensure the three men do not abscond.

National Party immigration spokesman Wayne Mapp said the judge had taken a "significant risk" by releasing the men, who have been illegally in New Zealand for three to five years.

"It gives a general message to overstayers we are not overly serious about enforcing our law," he said.

Xueshou Li, 25, Zaihong Shen, 41, and Longhai Han, 41, were arrested on June 14 and kept in custody in Waikeria Prison.

They appeared for the ninth time in the Rotorua District Court on Friday.

Judge Phillip Cooper released the men on bail to a Rotorua address after he found that the delays in sending them back to China were unreasonable.

Rotorua Crown prosecutor Jonathan Temm, who appeared on behalf of the Immigration Service, said none of the men had travel documents and it was not known where these were.

One had jumped ship, although the other two had initially had visas to be in New Zealand.

Despite contacting the Chinese consulate daily, the Immigration Service had not been able to obtain travel documents for the men to travel home, he said.

Prison was the only secure facility which could accommodate the men.

Mr Temm said because of the trio's past conduct, there was a risk they would abscond.

The men's lawyer, Bill Lawson, said they had experienced significant distress during their time in prison, including difficulties with the food and language barriers.

All of the men had lost at least 3kg, with one claiming he had lost up to 10kg.

One of the men was being treated for an infected foot.

Mr Lawson said the men wanted to return to China and he told Judge Cooper he could be satisfied they would not abscond.

Judge Cooper said the delays so far had been unreasonable and there could be no assurance there would not be further delays.

He agreed to remand the men on bail with conditions which would include an 8pm to 7am curfew and reporting to Rotorua police three times a week.

He warned the men that if they did not abide by the conditions they would be arrested and returned to prison.

One of the men, through an interpreter, apologised for being an overstayer and thanked the judge for his help.

The Immigration Service's national manager for border and investigations, Aaron Baker, said the department had wanted the men kept in custody.

"We will certainly be giving [the Chinese consulate] the hurry-up on this one."

Mr Baker said the department would work closely with Rotorua police to ensure the men abided by their bail conditions.

Mr Temm said that once travel documents were available, the authorities would pick the men up and return them to China.


- NZPA