Samsudeen arrived in New Zealand in October 2011, aged 22, on a student visa. Shortly after arriving he made a claim for refugee status. Immigration New Zealand declined this claim in 2012, but he appealed to the Immigration and Protection Tribunal and was successful. He was granted refugee status in December 2013.
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Back in February 2019, Samsudeen’s refugee status was cancelled and he was served with deportation liability notices. Ardern added that his refugee claim had been based on a fraudulent document, although she did not elaborate further. He appealed against his deportation to the Immigration and Protection Tribunal. He was still in prison at this time, and facing criminal charges. The deportation appeal could not proceed until after the conclusion of the criminal trial in May 2021.
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A person can only be detained under the Immigration Act for the purpose of deportation. Immigration New Zealand was required to consider whether deportation was likely to proceed but crown law’s advice was that the individual was likely to be considered a “protected person” because of the status of the country from which he had travelled, and likely treatment on return."
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“Immigration New Zealand explored whether the Immigration Act might allow them to detain the individual while his deportation appeal was heard. It was incredibly disappointing and frustrating when legal advice came back to say this wasn’t an option.”