WARWICK SMITH / STUFF
Immigration Minister's Response John Lees-Galloway's response to Opposition questions reveals the options he considered when he gave Karel Sroubek's residence to him and that New Zealand Infudo does not give advice, recommendations or opinion when presenting a deportation case to the minister .
The decision to give Karel Sroubek's residence remained only on the Immigration Minister, showing new documents.
But he still does not confirm if the Immigration Minister, John Lees-Galloway, was based on his decision on any implications that the security of the drug smoker convicted was at risk if he returned to the Czech Republic.
General manager of Immigration NZ, Stephen Dunstan, said Stuff and this month, no recommendations were included in the file presented to the minister when considering the case, which Dunstan said was "at the sole discretion of the decision maker".
ROSA WOODS & ALEX LIU / STUFF
Jacinda Ardern, the First Minister, defends the minister for the decision of Karel Sroubek.
In written questions to Lees-Galloway, Michael Woodhouse's national immigration spokesman asked if INZ made a recommendation to the minister on the option of acting on Sroubek or under his fake name, Jan Antolik, for output accountability.
Lees-Galloway responded, saying that there was no practice in INZ to give advice, recommendations or opinions when presenting a deportation case to the minister.
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Woodhouse also asked whether the minister received options from INZ on the deportation liability. Lees-Galloway responded that INZ had provided him with two sets of options for the cause of Sroubek. The first set was about the possibility of deciding the case based solely on a crime.
Those choices were: signing an output accountability notice; cancel export liability; or suspend deportation liability.
The second set of options would be used if liability was considered on the basis of Criminal crime Sroubek and for holding a visa under false identity.
Those choices were: to sign the liabilities of deportation; cancel Sroubek's deportation liability and give him a residential visa in his true identity; or cancel the Sroubek deportation obligation and give him a residential visa in his respect of identity subject to conditions.
Another question asks whether Lees-Galloway was used to ministerial discretion (as defined in the Immigration Act 2009) to give any other individual residence, permanent residence, or any other visa class since October 26, 2017.
The response reveals that Lees-Galloway uses her absolute discretion to give visas to individuals on 29 occasions.
The answers come days before the Sroubek extended closing date to respond to the findings of the INZ investigation in case.
He has until Friday to comment and give his opinion on any possible decision before it is presented to the minister.
Stuff He reported that the file was still hundreds of pages, with a 12 page summary, and the minister then said that he had only read "attitudes", within less than an hour.
INZ confirmed that the file did not include documentation showing that a Czech drug smoker had returned to Europe in 2009 and it is understood that decisions relating to Sroubek bail applications, a parole board report (two days before its decision) were also omitted.
The fact that Sroubek is traveling home when he said he was a threat to his life, questioning the credibility of his claim, and likely to trigger the INZ auditor.
Dunstan said that the Sroubek file would have included details of convictions that included sentencing notes and the judge and the information in the file would be based on a specific conviction that made him liable for deportation.
It's likely that he would have included the findings of Judge Roy Wade when Sroubek was found guilty of passport payments. He told the judge, as he lived in the Czech Republic, to be a murderer witness and he visited two Czech police officers who tried to convince him to change his evidence and threatened to charge him so that an accessory to murder.
He wished Judge Wade to discharge him without conviction after 210 hours of volunteering community work.
Sroubek used the history of corrupt police officers again in his test for drug import but the jury rejected the "plot theory" and sentenced Sroubek to five years and nine months in prison.
The Court of Appeal also refused new evidence from a Private Investigator in the Czech Republic, describing the story as "totally unpleasant".
It is still unclear if the files given to Lees-Galloway included a reference to the dismissal and corrupt police claim.
Although Lees-Galloway has continued tightly for its decision, it could come to an expiration after the New Zealand Immigration (INZ) conclusions are about to be released.
The review ordered when information was disclosed that it was "exactly contrary to" what it relied upon in making its decision.