Overstayer’s appeal dismissed

Press, 2 June 1982, Page 13

Overstayer’s appeal dismissed

PA Wellington The Court of Appeal has dismissed an appeal by a Samoan man against being deported for overstaying a temporary permit. Siaosi Ramsay, aged 18, of Western Samoa, was charged last October with overstaying. His temporary permit had expired on January 31, 1979. ■ ' Ramsay had come to New Zealand for educational purposes. ’ ' - . At the October hearing in the District Court at Auckland the Judge said he was satisfied the offence had been proved but he entered a discharge without conviction under the Criminal Justice Act. ■<■■■' The Judge took the view that deportation after conviction would nullify the defendant’s educational achievements and aspirations. In his Court of Appeal judgment, Mr Justice Richardson said the District Court Judge thought the discharge would preclude Ramsay from being deported. After the October, hearing,

the Crown appealed against the no-conviction decision, and in the High Court Mr Justice Vautier held that the District Court Judge had lacked jurisdiction to discharge Ramsay. Ramsay sought to appeal against that decision in the High Court but-leave for appeal was refused. Counsel for Ramsay, Mr C. B. Ruthe, had then sought special leave to have the question of jurisdiction decided by the Court of Appeal. Mr Justice Richardson said the issue raised questions, of law, of general or public importance so special leave to appeal was granted. Dismissing the appeal, Mr Justice Richardson said the relevant provisions of the Immigration Act anticipated that if the charge was proved,, a' conviction .would be entered and direction given to set the deportation process in motion. “In fettering the Court’s sentencing discretion in that way, the section prescribes a minimum penalty and requires, the entry of a conviction' and ,an appropriate direction,”, his Honour said.