A convicted murderer has been denied a time extension to appeal his deportation to China, which will take place upon his release.
Jia Chun Hu, 49, is serving a life sentence with a minimum 13-year non-parole period for stabbing to death his estranged wife in her Auckland townhousein February 2000.
Hu had been jealous of her new partner and angry she had refused to pay him money he felt was owed from property they owned together.
The Chinese national, who will be eligible for release from 2013, feared he could be re-prosecuted after being sent home, then face the death penalty.
He pleaded his case at a Deportation Review Tribunal hearing in 2003 but was unsuccessful after an investigation found he was highly unlikely to be put to death. Hu then appealed to the High Court and in 2008 was knocked back again.
As the six-month period for appeal expired, Hu applied for an extension from the Court of Appeal.
In a decision released yesterday, the court said Hu's appeal had already been thoroughly investigated and was not arguable.
Justice Grant Hammond said Hu could apply to the Minister of Immigration for cancellation of the deportation closer to his release.
