Somali asylum-seeker Abdikarin Ali Haji is to be deported from New Zealand following an investigation by the Ombudsman's office into his rejected residency application in 2003.
Ombudsman Mel Smith announced the decision today at a press conference, and said Haji had exhausted all legal options to stay in the country.
"Now the Department of Labour can take steps to remove Mr Haji," Mr Smith said.
Mr Smith said the investigation was based solely on the complaint that the Associate Minister of Immigration, Damien O'Conner, was not given appropriate advice when declining Haji's appeal in September 2003.
"I must say that although there were some administrative deficiencies, those did not impact in any way to enable the minister to reach a decision," Mr Smith said.
"The end result is that the minister made a decision based on appropriate advice which included the current situation in Somalia."
Twice Haji had escaped deportation in spectacular fashion.
In November 2003, Haji's plight received nationwide publicity when he threw himself from a car as he was being taken to Auckland International Airport.
Hours before he was due to board the plane, a High Court injunction granted him a reprieve pending a United Nations report on the removal of people to Somalia.
America, Britain and Australia all have policies not to force people back to Somalia because it is in a state of anarchy.
Last month Haji fled barefoot from prison staff at Wellington Airport as he was being moved to from Christchurch to Rimutaka Prison. Five days later he surrendered himself to Auckland police.
Mr Smith said he had told Haji's representative of the decision yesterday.
- NZPA
