Published 23 September 2021
Warrant of commitment — deportation notice — removal from New Zealand — overseas travel during pandemic — COVID-19 Alert System — overseas police escorts — arbitrary detention — release on conditions — Immigration Act 2009, ss, 313, 315, 316, 317 & 324 — New Zealand Bill of Rights Act 1990, s 22 — Epidemic Preparedness (Epidemic Management Covid-19) Notice 2020, cl 5. This was the tenth application by Immigration New Zealand for a warrant of commitment for the defendant pending his removal from New Zealand. He had been served a deportation notice but he required a police escort on the deportation flight back to Fiji due to the safety risk he posed. The deportation had been scheduled for 18 March 2020, but due to the developing COVID-19 pandemic situation, police escorts had not been permitted. The deportation was now scheduled. The defendant had sought a release on conditions from INZ so he could get his affairs in order prior to removal, but this had been declined due to his prior criminal history and non-compliance with immigration directions, a lack of suitable accommodation and various domestic travel restrictions as a result of the Alert Levels. The Judge did not consider that any exceptional circumstances existed to justify release on conditions. A further warrant of commitment would not be in breach of the defendant's right to freedom from arbitrary detention. The warrant was granted. Judgment Date: 13 October 2020.
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