Under fire for granting residency to six-time drink driver, Government says it had no choice

October 15, 2019
Immigration Minister Iain Lees-Galloway was forced to backtrack on his decision to allow the Czech drug smuggler to remain here.

The Government is defending a decision to grant residency to a person with six drink driving convictions. 

The Prime Minister said it was an individual "who because of the conventions on international torture, it is a protected person". 

A protected-person status is granted if a person can show they "fear being seriously harmed or tortured or that they risk inhuman or degrading treatment or punishment if they return to a country", according to the Immigration NZ website.

Ms Ardern said the decision of being a protected person was made independently by a tribunal using international conventions. 

"Therefore, no Government of any stripe really has the ability to decide that person can be removed by New Zealand," she said.

Drink driving checkpoint

"To the best of my knowledge, I am advised no one who has been a protected person has ever been deported from New Zealand."

Earlier today, National justice spokesperson Mark Mitchell said "serious questions need to be answered by the Immigration Minister about what appears to be another decision to grant residency to a person convicted of drink driving six times, and driving without a licence twice". 

Mr Mitchell also acknowledged he does not know "all the details". 

Immigration Minister Iain Lees-Galloway said deportation "would have been a breach of international convention against torture, so deportation was not an option". 

He said he read the full file. 

National leader Simon Bridges said it showed the Government "does not know what it's doing". 

He accused Mr Lees-Galloway of "not knowing the law". 

"What beggars belief is the law is very clear here, the minister has discretion and yet he has granted someone, who in New Zealand, on New Zealand roads, dangering New Zealanders' lives, has drunk driven at least six times and been given residency.

"He did not need to grant residency."

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