Asylum-seekers defy order to go

By WARREN GAMBLE

Lawyers for a group of asylum-seekers who lost a high-profile case against their jailing at the time of last year's Apec summit will argue that they should not be removed while appeals are considered.

The Immigration Service said seven of the men - who had lost separate refugee status bids - had to present themselves for removal yesterday.

Another two whose cases had yet to be decided must present themselves for detention in the Mangere refugee centre.

None of the men fronted up.

The removal action was triggered after the Court of Appeal this week overturned a High Court decision that all asylum-seekers had a legitimate expectation they would be given temporary permits at the border.

It effectively upheld the ability of the service to jail the men, who had staged a hunger strike and were released by the High Court in December.

In the meantime, separate refugee status appeal authority hearings approved four of the men staying and rejected seven, with decisions on the final two pending.

Lawyer Rodney Hooker, whose firm represents the men, said they were seriously considering seeking leave to take the wider case to the Privy Council.

The seven who had lost their refugee bids also had the option of seeking a judicial review of those decisions.

"We will be taking the view that until the time has expired for an appeal to the Privy Council, our clients should not have to surrender themselves," Mr Hooker said.

The appeal period is three weeks.

The service said that in the year to June - excluding the heightened security period of last September's Apec summit - only 13 of 330 people who claimed refugee status at the border were jailed.

The reasons for detention were usually because those people had destroyed their passports and could not prove their identity, or because their claims appeared to be without solid basis.

The asylum-seekers, from India and Pakistan, originally stayed with the Sikh and Muslim communities after their release, but a number have since found their own homes.