New evidence would have to come to light to allow the Immigration Minister the right to deport Karel Sroubek from our shores, an expert says.
Immigration lawyer Marcus Beveridge said after the convicted drug smugglers initial deportation order was cancelled, his old offences can't be used again.
"It can only happen if new information comes to hand, this is a bit of a devil's advocate type scenario," he told Larry Williams' Drive.
"The only way that further deportation could issue would be if new information came through, which would be if he had committed another crime for example."
Sroubek, a Czech, is at the centre of an immigration controversy after he was granted New Zealand residency, despite being in prison for drug-smuggling.
Earlier today Sroubek's mother pleaded with the Government to allow him to stay in New Zealand.
Mila spoke to Radio New Zealand's Checkpoint tonight and confirmed her son returned home to the Czech Republic in 2009 using a false identity.
She said her son made an impulsive decision, desperately missed his family and wasn't thinking straight when he chose to return home.
Mila came to NZ for her son's parole hearing and remains here on a visitor's visa and is begging Immigration Minister Iain Lees-Galloway to give her son one last chance.
However, since he granted Sroubek residency, Lees-Galloway has been slammed about the decision and there are calls for him to resign.
Beveridge said Lees-Galloway has the "weight of a nation" behind him and said it would be vital for the Minister to receive new information on Sroubek.
"Fortunately we're not dealing with a citizen, because if we were it would be a much harder threshold to get rid of him," he said.
"New information in relation to the character of the person [would be needed to deport Sroubek]."