Esau Vailagilala is serving time at Paremoremo Prison, where he allegedly does not have access to rehabilitation serivces. Photo / File
Esau Vailagilala is serving time at Paremoremo Prison, where he allegedly does not have access to rehabilitation serivces. Photo / File
A prisoner is appealing the Immigration Minister's decision to deport him to Samoa - where he has no "central or specific family" - after serving his time for murder.
"He will be released to Samoa where there is nothing there for him, nothing at all, because of his family bonds being back in New Zealand," Esau Vailagilala's lawyer Frank Godinet said at the High Court in Auckland today.
Godinet argued Vailagilala needs access to the only Samoan-based rehabilitation services in jail, which he is currently being denied because he is facing deportation.
"If he doesn't get treatment, his readjustment to society is going to be even more difficult, particularly if he goes to Samoa and there is no one to greet him or support him," said Godinet.
Vailagilala has lived in New Zealand for 17 years, but only two of those outside of jail.
He murdered a man at a party in Auckland's Mt Roskill in 2011, aged 19.
He is now a deportation resident at Paremoremo prison. He was sentenced in April 2013 to life imprisonment with a non-parole period of 13-and-a-half years.
That period will expire in 2026 at which time he will be served a deportation liability notice to Samoa. He has served eight years of his sentence to date.
In April this year, the Immigration and Protection Tribunal ruled it was not unduly harsh to deport him back to his home country.
The decision was made by Immigration Minister Kris Faafoi which was confirmed by the Immigration and Protection Tribunal.
Esau Vailagilala is appealing the deportation decision of Immigration Minister Kris Faafoi. Photo / File
Today the now 28-year-old is applying for leave to appeal the decision at the High Court in Auckland.
"The Tribunal did not have proper regard to the fact that Vailagilala has not had rehabilitative intervention treatment in his eight years to date that he's served and, given … a liability notice served upon him, is not likely to be offered the programme because it lacks resources," said Godinet.
Vailagilala has no "central or specific" family in Samoa and there is uncertainty around his birth parents in New Zealand, the courtroom heard.
"But if he were to remain in New Zealand he would have family and support around him and that would cater to his adjustment in New Zealand."
But Crown counsel George Niven said: "There is a lot of family in New Zealand and limited family in Samoa, not no family, but limited family."
If Vailagilala is able to participate in rehabilitation in the remainder of his prison term, it will benefit him in either New Zealand or Samoa, Niven said.
"This was a murder involving pre meditation. The offenders went out looking for the victim," said Niven, who argued deportation is not "unduly harsh".
The tribunal did consider all material that was put before it, Niven said.
