Immigration authorities tried for years to deport the terrorist who was shot dead after a rampage at an Auckland supermarket, it has been revealed.
They also sought to detain Ahamed Aathill Mohamed Samsudeen while deportation was considered to keep the community safe but were prevented by the law from doing so, Prime Minister Jacinda Ardern said.
Ardern met with immigration officials just two months ago to express her concern that the man shot dead by police after Auckland’s Isis-inspired terrorist attack was still in New Zealand.
The 32-year-old arrived in New Zealand from Sri Lanka on a student visa in 2011 to study a diploma of electronics and telecommunications. He stabbed five people and injured two others in Friday's attack.
“In July this year I met with officials in person and expressed my concern that the law could allow someone to remain here who obtained their immigration status fraudulently and posed a threat to our national security,” Ardern said in the statement.
“I asked for work to be undertaken to look at whether we should amend our law, in the context of our international obligations.”
Samsudeen’s name was revealed on Saturday evening after suppression orders were lifted, although Ardern’s statement didn’t refer to him by name.
The lifting of suppression also allowed the Government to show Immigration NZ had for years tried to deport Samsudeen, or detain him while deportation was considered, “to keep him out of the community”.
In 2012, Immigration NZ declined Samsudeen's claim for refugee status “as it was found to be lacking in credibility”, but he successfully appealed against the decision to the Immigration and Protection Tribunal.
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He withdrew from his studies in 2011.
Three years later he came to the attention of police and the NZ Security Intelligence Service.
“In the course of these investigations, Immigration NZ were made aware of information that led them to believe the individual’s refugee status was fraudulently obtained. The process was started to cancel his refugee status, and with it, his right to stay in New Zealand.
“In February 2019, Immigration NZ cancelled his refugee status. He was served with deportation liability notices.
“In April, he appealed against his deportation to the Immigration and Protection Tribunal. He was still in prison at this time, and facing criminal charges. For a number of reasons, the deportation appeal could not proceed until after the conclusion of the criminal trial in May 2021.
“Immigration NZ explored whether the Immigration Act might allow them to detain the individual while his deportation appeal was heard.
“In the meantime, agencies were concerned about the risk this individual posed to the community. They also knew he may be released from prison, and that his appeal through the tribunal, which was stopping his deportation, may take some time,” Ardern said.
“Immigration NZ 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.”
After receiving advice from Crown Law, which said Samsudeen would likely be considered a “protected person” because of the situation in Sri Lanka and his likely treatment if he were returned. Such people cannot be deported and a person can only be detained under the Immigration Act for the purpose of deportation.
Given the Crown Law advice, Immigration NZ decided it could not detain Samsudeen while he waited for his appeal.
Soon after his release from prison, police began their monitoring and surveillance of him.
“On August 26, [an] Immigration and Protection Tribunal hearing was rescheduled. At the time of the terrorist attack, the offender’s attempt to overturn the deportation decision was still ongoing.
“This has been a frustrating process. Since 2018 ministers have been seeking advice on our ability to deport this individual,” Ardern said.
“Ultimately these timelines show that Immigration New Zealand from the beginning have sought to deport this individual, and were right to do so.”