The one constant
about the Karel Sroubek case is that every day seems to reveal more
uncertainty. But while we are no closer to either a resolution of the case, or
even a clear understanding of why Minister Lees-Galloway has acted the way he
has, some things are a little clearer.
For a start, Lees-Galloway
did not grant Sroubek permanent residence - that happened in 2008 (albeit under
a false name), before Lees-Galloway was even in Parliament, let alone Minister
of Immigration. We also know, by deduction, that the decision to grant
permanent residence must have been considered so straightforward by immigration
officials at the time that it did not require reference to the then Minister,
because officials have now conceded the only Minister they have ever discussed
the case with is Lees-Galloway, after October 2017. And, somewhere along the
way, presumably after Sroubek’s imprisonment in 2016, officials discovered the
false identity and reissued the permanent residence in his correct name.
When Sroubek became
eligible for release, officials raised the case with Lees-Galloway, seeking his
confirmation that the standard deportation provisions should apply. Here is
where the situation starts to get murky. It appears - for reasons which are not
yet known - that Lees-Galloway declined to confirm Sroubek’s deportation,
choosing instead to defer the requirement for five years, thus upholding
Sroubek’s permanent residence and allowing him to stay here.
In the wake of the
ensuing uproar, and the release of more information about Sroubek’s background
that was apparently and curiously not known previously to officials,
Lees-Galloway has ordered a reconsideration of the case. But that has only made
things more difficult. Lees-Galloway is already under strong public and
political pressure to just overturn Sroubek’s permanent residence immediately
and send him on his way. That is the one thing he cannot do - for reasons of
natural justice in the event of any subsequent push for a judicial review of
his decision-making - so Lees-Galloway has to be seen to now have followed due
process, which will be time consuming. And while this rolls on, he has to
suffer the death of a thousand cuts on almost a daily basis.
This whole saga
raises many questions of judgement, most of which come back to Lees-Galloway.
While he cannot be held responsible for the original residency decision, which
happened long before he became Minister, he has to be held responsible for the
decision to effectively confirm Sroubek’s residence by deferring the usually
automatic deportation decision for up to five years. There have to be serious
questions as to his reasons why. Moreover, his failure to offer anything
approaching a credible explanation of his actions starts to bring his wider judgment and suitability to hold Ministerial
office into question. His subsequent bizarre behaviour (hiding awkwardly behind
pillars to avoid journalists and less than stellar defences of his position in
the House) raises even more doubts.
No doubt officials
will find compelling reasons over the next couple of weeks to enable
Lees-Galloway to overturn his decision and Sroubek’s residency. But that will
not excuse them for the original decision to grant residence to Sroubek, and
not pick up until much later the false identity he was using.
With allegedly
improved information sharing between relevant government agencies following the
2014 Smith/Trainor passport fraud case, there should have been no reason for
not picking up Sroubek’s real identity much earlier. The discovery that Sroubek
used a false identity to gain residence all those years ago was a sufficiently
serious matter to have been to the attention of the Minister of the day at that
time. There needs to be some explanation for this, and steps taken to ensure
future Ministers are not subject to similar blindsides.
Probably the worst
news for Lees-Galloway is that while the Prime Minister did not seem at first to
know too much or even be all that interested in the Sroubek case, she is now
engaged and becoming irritated and frustrated by what is being disclosed. He will
also be well aware that two Ministers have already fallen this year over
performance and conduct issues, and will be increasingly concerned not to
become the next one to go.
He will have
realised that what officials disclose when they eventually report back will
determine not only Sroubek’s fate, but also his own.
Mr Dunne,
ReplyDeleteYesterday marks the 30-year anniversary of you doing a very decent thing on behalf of my grandmother. In 1989, she was in some danger of not getting PR status because she was an American citizen, but without employment. She asked for your help, which you gave, which allowed her to stay until the end. This despite the fact that she was actually living in Wellington Central, not Ohariu (she was a bit confused, sometimes). That simple act says a lot about you, Mr. Dunne.
Thank you,
Andrew Curtis Gilman
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