Overstayer challenge

Press, 21 January 1982, Page 5

Overstayer challenge

i Auckland A schoolboy overstayer b was protected from deflation by a decision of an fckland District Court Sge last vear now faces a jewed legal battle to stay =the country. The Labour Department s appealed to the High fort against Judge Hall’s cision to discharge Siaosi imsey, aged 17, without Eviction. Ramsey, a sixth former at jPaul's’College, had admit--3 overstaying a temporary {migration permit. |The Judge found that he Is a diligent scholar, hon- . and a well-respected mber of the school, and id his discretion to disirge him. \ Labour Department

spokesman yesterday said that the appeal was lodged on legal advice because it believed the Judge had no discretion to discharge a defendant who admitted to overstaying. “The law 7 is the law and if it is not being followed we have to do something about it.” he said.

The appeal has been set down for a hearing in the High Court at Auckland on February 4. It will hinge on whether section 20 of the Immigration Act lays down deportation as a minimum penalty for overstaying. In dealing with offences which carry a minimum penalty, judges have no discretion to discharge a defendant under section 42 of the Criminal Justice Act.