Newsletter Five: Terrorism Tragedy Preventable
Terrorism Tragedy Preventable - Government Failure to Act
1. Claims by the Prime Minister and Police Commissioner that they could do nothing to prevent the New Lynn Mall attack do not ring true. No law change was needed for Samsudeen to be deported.
2. The Immigration Act already allows the deportation of anybody deemed to be a threat to national security - even if he is a refugee.
3. The fact that Samsudeen was on 24/7 surveillance confirms he was viewed as a serious security risk.
4. Minister of Immigration Kris Faafoi could have certified Samsudeen posed such a threat, and the deportation order would have been signed by the Governor General.
5. After Samsudeen's refugee status was cancelled in February 2019, he had 28 days to appeal to the Immigration and Protection Tribunal ("IPT")and could not be deported until the appeal was heard - which is usually 3 to 6 months.
6. Why has no action been taken since February 2019 to progress the appeal? Covid is not an excuse as the IPT had no other cases to deal with?
7. An appeal can be heard while the appellant is in prison, and IPT would be advised when he was released in July this year - so should have heard the appeal then - if not before.
8. Why did Samsudeen's family elect to stay in Sri Lanka if his claims of persecution were true?
9. Kris Faafoi is Minister of Immigration and Justice, but has no legal training, and only a Diploma of Broadcasting. Clearly he was ill-equipped to handle this preventable tragedy.
10. Deportation would have prevented serious injury to 7 people, and millions spent on surveillance.
11. Audrey Young asked in the NZ Herald - have we allowed ourselves to be too soft in our treatment of suspected immigrants?
Gaffe of the week
When asked why Samsudeen was not deported, Grant Robertson said "we looked at every single legal pathway" but found nothing the government could do.... Did no government official or MP understand the Immigration Act?