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Bo Fan case less likely again thanks to review

Hon David Cunliffe Minister of Immigration

The Bo Fan case has raised public questions about the deportation process, says Immigration Minister David Cunliffe.

"In August 2004, the previous immigration minister, Hon Paul Swain, issued a deportation order against Bo Fan, a Chinese national who had been convicted of kidnapping, aggravated robbery and common assault.

"Bo Fan exercised his right of appeal to the Deportation Review Tribunal, which allowed him to stay in New Zealand.

"I sought legal advice on whether it was possible for the Crown to appeal. I have now received advice from Crown Law that an appeal is unlikely to succeed.

"I note that under changes announced yesterday in the Immigration Act Review Discussion Paper, it is proposed that the Deportation Review Tribunal and three other immigration appeal bodies be merged into a single appellate body.

"Further, it is proposed that the threshold for appeals will be tightened.

"With these amendments in place, a case like this is much less likely to be repeated," the minister said.


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