QCL critique on Minister’s unfettered powers of Special Direction

November Seminar – Queen City Law presentation on Accredited Employers and Section 61
November 27, 2018
Construction and Immigration: smart plays in a tight environment
March 26, 2019
Show all

QCL critique on Minister’s unfettered powers of Special Direction

Queen City Law’s Principal, Marcus Beveridge, has previously appeared in several interviews on national television and radio with regards to the polarising decisions of the Minister of Immigration New Zealand, Iain Lees-Galloway, and the deportation of convict Karel Sroubek.

This controversial case was the hot topic for water cooler conversations around the country as it unravelled over the course of several weeks. Due to the political undercurrent running through the case the actual crux of the problem has been clouded over and almost forgotten, but Marcus cut to the heart of the issue and only dealt with the hard facts.

Long story short, Karel Sroubek travelled to New Zealand on a falsified passport under the name Jan Antolik. Not only was he later found out, he was also imprisoned for smuggling MDMA into our country. While serving jail time in New Zealand, the Czech Republic authorities contacted our own police force and informed them that the man was also wanted back in the Czech Republic for various offences. Karel claimed that the Czech police were corrupt and he would be killed if he was deported back home. A request was made to the Minister and he decided to make an exception for Karel based on his words.

However, this decision did not sit right with many people and this led to investigations into the decision making process. It was revealed that the Minister’s decision making process was flawed and the choices he made were questionable. On top of that, more information came out that revealed that the story concocted by Karel was fake. The Minister initially stated that he did not have access to the full details of the case. This was later proven to not be the full story, as it was uncovered that the Minister had more than enough information to make an informed decision and yet either did not properly read the summary and the full report that INZ prepared, or just chose to ignore it. Upon close scrutiny, there is no logical or reasonable explanation as to how and why the Minister came to his decision.

The Minister has announced that a review into the process is underway, a convenient way of making it look like he’s rectifying his mistake while carefully implying it wasn’t himself that was wrong but the process itself. And while people squabble over their tribal disputes over their preferred political party, it’s easy to miss the basic yet fundamental core of this problem. The simple fact of the matter is that the Minister made a mistake. There is no need to argue about “But National did this” or “But Labour said that” nor mention New Zealand First’s position on immigration. There is not even a need to review the process that has so robustly dealt with many immigration cases like this one for many years without complaint.

Marcus’ insights on the matter are quick, candid, and to the point. With his great experience in the immigration sector, almost 30 years’ worth, his undiluted thoughts on the matter show a true understanding of how the gears inside INZ quietly turn and how the world really works.

You can listen and watch the interviews on the following links: