A disturbed and sexually abused Sri Lankan teenager would have been deported to a life of misery and possible death based on a mysterious recommendation that she was fit to fly, her lawyer said today.
The Immigration Service said on Monday the 16-year-old had been declared fit to fly in anindependent report and would be deported.
However, yesterday the service backed down and said it would further assess the girl's psychiatric condition before making a decision to deport her and her grandmother to Sri Lanka.
Her lawyer, Carole Curtis, said today Auckland psychiatric consultant Dr Karl Jansen examined the girl last Sunday and his report "strongly stated" she should not be deported.
Immigration had said the girl was fit to fly according to the independent report and the decision to deport her was made on that report and not Dr Jansen's.
Ms Curtis said the source of the assessment that she was fit to fly was a mystery and she had been unable to determine where the Immigration Service got it.
"That is one of life's interesting questions.
"The service's own report did not even address the issue. There wasn't even any word about flying or fit to leave the country."
The girl is being held in isolation at the Mangere Refugee Resettlement Centre in Auckland and Ms Curtis did not rule out court action to keep the girl in New Zealand.
Association Immigration Minister Damien O'Connor has been under growing pressure from several organisations, including Commissioner for Children Cindy Kiro, Unicef, Save the Children and Amnesty International, to let her stay for treatment.
Lawyers for the girl and her grandmother said they had received numerous offers of work and accommodation and the pair would not be a drain on New Zealand.
The pair fled to New Zealand in 2002 to escape years of rape and torment on the girl by family members.
Lawyers acting for the pair said the girl would return to a life of misery and abuse, and possibly death, if she was returned to Sri Lanka.
