15 March 2006 Media Statement
Bo Fan case: Hide gets it wrong

ACT leader Rodney Hide is mistakenly or mischievously confusing the issues in the Bo Fan deportation case, says Immigration Minister David Cunliffe.

"The facts of the case are these:

"On 19 August 2004, my predecessor as immigration minister, Hon Paul Swain, issued a deportation order against Chinese national Bo Fan, who had been convicted of kidnapping, aggravated robbery and common assault within five years of being granted a residence permit.

"The Immigration Act provides a right of appeal to the Deportation Review Tribunal.

"Bo Fan and his parents exercised their right of appeal and the tribunal on March 3 ruled in his favour.

"As minister I have sought a Crown Law opinion on whether the tribunal's decision should be appealed to the High Court. The law allows such an appeal only on points of law, not factual issues.

"The threshold test under Section 105 of the act, which governs the decisions of the tribunal, is one of the issues being addressed in my current review of the Immigration Act. A discussion document on the review will be released in a few weeks.

"In the meantime, Mr Hide does no service to himself or the public by mistakenly or mischievously confusing a standard judicial appeal process of the tribunal with a previous ministerial decision to deport Bo Fan."

ENDS

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