Key Takeaways
- Karel Šroubek, also known as Jan Antolik, has been in New Zealand for 22 years despite using a false passport and being involved in various crimes, including drug smuggling and assault.
- The Court of Appeal has rejected Šroubek’s latest attempt to avoid deportation to the Czech Republic, but he may still have avenues to stay in New Zealand.
- Šroubek’s case has been ongoing for over 20 years, with multiple twists and turns, including a previous decision by former Immigration Minister Iain Lees-Galloway to grant him residence despite his criminal history.
- The case has been criticized for its handling, with claims of political interference and abuse of process.
- Šroubek’s lawyers may still argue that he has exceptional humanitarian grounds to remain in New Zealand, potentially prolonging the case for years to come.
Introduction to the Case
The case of Karel Šroubek, also known as Jan Antolik, has been a long and complex one, spanning over 20 years. Šroubek, a kickboxer, first arrived in New Zealand in 2003 using a false passport, and has since been involved in various crimes, including drug smuggling and assault. Despite his criminal history, Šroubek has managed to remain in New Zealand, with the help of various appeals and tribunals. However, the Court of Appeal has recently rejected his latest attempt to avoid deportation to the Czech Republic, leaving Šroubek’s future in New Zealand uncertain.
The Early Years
Šroubek’s troubles began in 1999, when he was involved in a fatal shooting in Prague and was wanted by Czech police. He used the passport of fellow kickboxer Jan Antolik to visit New Zealand in 2003, and was subsequently granted residence in 2008 under his false name. However, his fraud was eventually discovered, and in 2011, he was found guilty of possessing a false passport and giving false information. Despite this, Šroubek was granted a discharge without conviction, which allowed him to avoid deportation. It was later revealed that Šroubek had returned to the Czech Republic on three separate occasions between 2007 and 2009, despite claiming that he was fearful of returning to his homeland.
The Deportation Order
In 2014, Šroubek was charged with drug offenses, which landed him in jail and made him liable for deportation. In 2018, he appealed to then Immigration Minister Iain Lees-Galloway, who took less than an hour to reverse the deportation order and grant him residence in his real name. However, this decision was met with widespread criticism, and Lees-Galloway was forced to urgently review the residence approval after a political firestorm erupted. Šroubek once again faced deportation, this time because the government judged him as an "excluded person" whose visa was granted in error.
The Legal Battle
Šroubek’s case has been inching its way through multiple tribunal and court appeals in the intervening years, partly due to Covid-related delays. In January 2023, Šroubek filed an application for judicial review in the High Court at Auckland of the deportation decision and the tribunal rulings. However, he was barred from appealing part of the decision because of statutory time limits, and took that fight to the Court of Appeal. The legal argument played out in March this year, and the decision to dismiss his appeal came out on Monday. Former immigration minister Michael Woodhouse predicted that the case would be tied up in court for years, and his suggestion has proven to be accurate.
The Future of the Case
The judicial review may leave Šroubek with only the chance of a legal challenge to argue that he has ‘exceptional’ humanitarian grounds to remain in New Zealand. With so many twists and turns so far, it does not seem likely that Šroubek’s fated story in New Zealand will come to a quick end. The case has been criticized for its handling, with claims of political interference and abuse of process. Šroubek’s lawyers may still argue that he has exceptional humanitarian grounds to remain in New Zealand, potentially prolonging the case for years to come. As the case continues to unfold, it remains to be seen what the final outcome will be, but one thing is certain – the story of Karel Šroubek is far from over.
Conclusion
The case of Karel Šroubek is a complex and fascinating one, with many twists and turns. Despite his criminal history and multiple attempts to deport him, Šroubek has managed to remain in New Zealand for over 20 years. The Court of Appeal’s recent decision to reject his latest appeal may seem like the end of the road for Šroubek, but it is likely that his lawyers will continue to argue that he has exceptional humanitarian grounds to remain in New Zealand. As the case continues to unfold, it will be interesting to see what the final outcome will be, and whether Šroubek will finally be deported or allowed to remain in New Zealand.