Road not taken: the moment Andrew Giles passed on chance to shut down detention court case

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FoI documents show immigration minister refused to grant a visa or release NZYQ into community detention before Five Eyes allies rejected request for deportation

The immigration minister, Andrew Giles, declined to intervene by granting NZYQ a visa, a move which would have shut down the high court challenge.The immigration minister, Andrew Giles, declined to intervene by granting NZYQ a visa, a move which would have shut down the high court challenge.

The document is heavily redacted and reveals little about the minister’s reasons. It notes NZYQ’s criminal history, that he “was convicted of one child sex offence and served three years and four months” in prison, and, the commonwealth had conceded it was impossible to deport NZYQ, a stateless Rohingyan man who had pleaded guilty to raping a 10-year-old boy.

Giles signed the submission on 18 September, declining to intervene by granting NZYQ a visa, a move which would have shut down his court challenge. The department had asked for a response by 30 September. The US promised to take a “hard look” at NZYQ’s case, which the commonwealth used to argue at the 8 November hearing that it was still possible the plaintiff could be deported. It was unsuccessful.

A government spokesperson said: “These documents make it clear the government took every step to prevent the release of these individuals.”

 

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