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Bimal Prasad v Xiaoquan Chen [2017] NZDC 5192

Published 02 August 2017

Reserved judgment — application for warrant of commitment — attempting to execute deportation order — Department of Immigration v Defang Dong [2016] NZDC 15478 — Immigration Act 2009, s 316. The applicant, an immigration officer applied to the court for a warrant of commitment in respect of the respondent. The respondent arrived in New Zealand in 2009 on a work visa that expired in 2010. The respondent became unlawful in New Zealand in 2011 and has been unlawfully in New Zealand since that date. In 2017 Immigration New Zealand attempted to execute a deportation order at the respondents address but he absconded. The court found that the respondent had shown by his own actions that he will attempt to evade authorities. Therefore release conditions would not prevent that outcome, the warrant was therefore issued. Judgment Date:13 March 2017.

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