Published 30 April 2018
Application for warrant of commitment — deportation — unlawfully in New Zealand — Immigration Act, ss 316 & 317. A warrant of commitment under s 361 of the Immigration Act was sought in circumstances where the defendant was unable to be deported, following her being taken into custody in August 2017. The Court considered the chronology prepared by the defendant's lawyer and the informant, noting that the respondent had been working towards staying in New Zealand since 2012. There had been multiple applications for visas, some of which were successful although later applications were declined as were two subsequent appeals. Background matters taken into consideration were: that false information regarding relationship status was previously given to Immigration New Zealand; the defendant's erratic behaviour when arrested; and that the defendant has a partner and ties to New Zealand and so is reluctant to leave. Given the background and concerns about what the defendant would do if released on conditions, a warrant was granted on the terms sought. Judgment Date: 17 August 2017.
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