Second overstayer mistreated

By ALAN PERROTT and NAOMI LARKIN

Hosea Nau was jailed for nearly 36 hours and threatened with deportation to Tonga after an immigration foul-up.

The 26-year-old Aucklander's case follows the wrongful deportation last week of a Philippine family, the Milas.

Both had made last-minute legal appeals which were overlooked by authorities. And both cases have reinforced fears within immigrant communities that the Government's crackdown on overstayers will net the wrong people.

Mr Nau's trouble began early on Saturday when he and a friend were picked up by police in Kingsland on a minor wilful damage charge after some windows were smashed. That charge will be dealt with when he appears in court today.

Police released Mr Nau's friend on bail but a computer check of Mr Nau's immigration status indicated that he had been issued with a removal order.

Mr Nau said the police and the immigration officer called him an overstayer, despite his telling them he had lodged an appeal with the Removal Review Authority.

Mr Nau, who has been living in New Zealand with his family since 1998, was held in custody and an immigration officer told him he would be placed on the first plane to Tonga on Monday. Under the Immigration Amendment Act 1999, overstayers can be put on a plane immediately if they have not asked the authority if they can stay.

Mr Nau was eventually released on Sunday afternoon after his family managed to contact their lawyer, Soane Foliaki.

Yesterday, Immigration Minister Lianne Dalziel, commenting on the treatment of Mr Nau and the Milas, accepted that her officials had been caught unprepared.

She said she was confident there would be no repeat of the mistakes, "but I can't give a cast-iron guarantee."

The problem had been caused by a flood of last-minute appeals.

Mr Foliaki said the incidents would send fears through the immigrant community. "This will cause a hell of a scare."

He wants the Government to suspend all removal orders until it can guarantee that innocent people will not be deported.

The Mila family were forced from their Glenfield home at dawn on Tuesday last week by immigration officers and police and flown to Kuala Lumpur.

They were returned immediately when immigration staff discovered their blunder.

Like Mr Nau, the Milas had lodged an appeal with the authority against their removal order the day before the September 30 deadline.