Minister looks at overturned deportation order

David Cunliffe

Immigration Minister David Cunliffe is seeking legal advice on whether to appeal against a Deportation Review Tribunal decision allowing a Sri Lankan man to stay in New Zealand.

Raseen Mohamed fraudulently applied for New Zealand residency three years ago, with his wife Urara Atake.

Before he came to New Zealand in 1998 and obtained a work visa, he lived illegally in Japan for nine years.

During that time, Japanese authorities arrested him for possession of 10,000 Ecstasy tablets, but he was not convicted of the crime.

When Mrs Atake made her application in 2003, she said she had lived only in New Zealand over the past decade, though records show she arrived in 1998.

It was never declared that Mr Mohamed had been expelled from Japan.

Yesterday Mr Cunliffe said he was looking into the matter of deportation from New Zealand by asking for legal advice about what the next step would be.

The Immigration Act 1987 stipulates that if the minister is dissatisfied with any determination of the tribunal, he or she may appeal to the High Court on a point of law.

Mr Mohamed - also known as Tony Rassen - lives in Hamilton with his wife. They have three New Zealand-born children.

Tribunal notes say he operates several businesses in the city and "has not been a drain on the New Zealand taxpayer".

The tribunal said it attached little weight to the drug allegations, but placed heavy emphasis on child welfare conventions.

This came despite evidence of domestic violence given by Mrs Atake against her husband.

The couple remain living together.

Mr Mohamed rang the Herald this week to object to stories being run about the tribunal decision.

He said he had never lived in Japan, and would not answer questions about alleged drug offences, saying, "I'm not speaking to you about that matter." He was concerned for his reputation, he said.

Police efforts yesterday to find out more about drug allegations against Mr Mohamed in Japan were unsuccessful.

It is not known whether Japanese authorities are pursuing the matter.

New Zealand interpol officer Detective Sergeant John Michael said possessing 10,000 Ecstasy tablets was an extraditable charge.

"Japan could make a request to extradite this person from New Zealand and it would be dealt with through the Ministry of Justice.

"The Minister of Justice would have the final decision."

National Party immigration spokesman Lockwood Smith said the case was a "tricky" one.

"We have these independent tribunals to try to avoid politicians making every final decision, so in some ways I'm loath to criticise the tribunal, otherwise you bring the whole process in to disrepute."

The original decision to deport was perfectly fair and reasonable, he said.

"I think the difficulties are that the guy was never convicted of those drug charges, and it appears that the police and authorities in Japan have failed to respond to queries about the allegations."

"To me, had there not been three New Zealand-citizen children involved, I'd have said there's no question, he'd be gone.

"Just because a decision like this is made, New Zealand must be damn careful not to be seen as a soft touch - that's the last thing we need.

"With all the carry-on over [Algerian refugee Ahmed] Zaoui there's a risk of that."