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Immigration New Zealand v Nanai [2019] NZDC 26238

Published 22 July 2020

Warrant of commitment — deportation — humanitarian grounds — remaining in country unlawfully — temporary work permits — Tavita v Minister of Immigration [1994] 2 NZLR 257 (CA) — Immigration Act 2009, ss 61, 313, 316 & 317. Immigration New Zealand made an application for a warrant of commitment against the defendant, who opposed the application on the grounds of hardship to his New Zealand-based family members. The defendant was a Samoan national who had been present in New Zealand since 1999. Since then he had had several periods when he was in the country illegally, as well as several periods when he was in the country lawfully on temporary work visas. SInce his final visa expired in 2016, he had amassed several criminal convictions. Immigration New Zealand faced various difficulties in arranging his deportation because the defendant lacked a valid address in Samoa or correct documentation. The Minister of Immigration had declined to intervene on the defendant's behalf. The Court found that the defendant had shown an unwillingness to comply with Immigration New Zealand, and also a lack of respect for the law. The hardship to the defendant's family was not sufficient reason to refuse the warrant application. The Court granted the warrant. Judgment Date: 20 December 2019.

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