New Zealand Law
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There are a number of issues which you have explained which raise some questions. Smoking marijuana is definitely not in prison of all if you are caught with the minimum quantity and is only a fine. However it still is a criminal offence
I am very surprised that you were in a police cell if you were arrested for smoking marijuana. However it may be that you were in the cell for the purpose of deportation.
Normally when you are deported you have to wait five years before you can apply for another visa. So the lawyer who told you that you could get back into the country within twelve days does not appear to understand the usual procedure
I wasnt caught. I told immi when I was in the airport going through customs that I used to smoke it as they were asking questions about my medication.
I don't understand why you were deported. Did they form a decision about your character based on the interview?
Why were you in a police cell?
Yes I think so. I got spiked back in 2010 with horse tanquiliser in ireland but only recently went on meds for my illness. They put me in a police cell because they said they had no holding cell in CHC airport
Immigration do sometimes make arbitrary decisions about issues like this, particularly for young people. It is difficult to challenge those decisions particularly when you are at the border and they are deciding whether to let you in or not.
You do have to wait for five years before you can apply for a visa, or try to get a character waiver. That is not necessarily very easy to get. I am still unsure why you were deported, because if you had a working holiday visa you should have had no difficulty
Smoking marijuana is not usually a basis for refusing entry. If it was, then many young people would be unable to enter New Zealand.
Haha I know. Back in 2009 I was asked to leave Australia because I was two days over the grace period when they received my application. It took seven months for my working holiday to be accepted. I had to get a special direction first which took four months and the working holiday took three. I was the first person ever to receive one after being excluded from another country so immi told me. But they realised it was a mistake on Australian Immigrations behalf. Thats why they pulled me in. I had told customs that I had one puff of a joint back on the first of April but that it was my last and before that I hadnt smoked since last year. Im under the impression that the immi officer didnt know it wasnt punishable by imprisonment
The immigration officer would definitely know that this is not imprisonable and may have been using this as an excuse. Without a character waiver you will just have to wait five years, but you would need a better immigration lawyer or consultant
I have applied for another special direction and my lawyer proved that I had no criminal record again as I had to prove that in order to get my visa in first place
It does appear unusual to me. Have you had any greater detail from the immigration department about the reasons for deportation? Has your lawyer asked for the Official Information held about you? This is a procedure by which you can get a copy of the file about you
Yes and it said that I was liable to commit an offence punishable by imprisonment by smoking marijuana. He asked for an urgent request which took one month for them to deliver. I seen it all as I have a wedding in twizel on the 20th of december so we were rushing to get this done
It didnt say anything about the criminal conviction they were talking about or the so called deportation from OZ
Just so you are clear the Misuse of Drugs Act says about cannabis use-
(1)Except as provided in section 8, or pursuant to a licence under this Act, or as otherwise permitted by regulations made under this Act, no person shall—
(a)procure or have in his possession, or consume, smoke, or otherwise use, any controlled drug; or
(b)supply or administer, or offer to supply or administer, any Class C controlled drug to any other person, or otherwise deal in any such controlled drug.
(2)Subject to subsection (3), but without prejudice to any liability under section 6, every person who contravenes subsection (1) commits an offence against this Act and is liable on conviction—
(a)to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,000 or to both where a Class A controlled drug was the controlled drug or one of the controlled drugs in relation to which the offence was committed:
(b)to imprisonment for a term not exceeding 3 months or to a fine not exceeding $500 or to both in any other case:
provided that, where any person is convicted of an offence against subsection (1) relating only to a Class C controlled drug and is liable to a penalty under paragraph (b), the Judge or District Court Judge shall not impose a custodial sentence (being a sentence under which a person is liable to be detained in a prison within the meaning of theCorrections Act 2004) unless, by reason of the offender’s previous convictions or of any exceptional circumstances relating to the offence or the offender, the Judge or District Court Judge is of the opinion that such a sentence should be imposed.
Cannbis is a class C drug
So you see that in some cases this can be a jail sentence, but of course you have not been convicted of anything and have a clean record I assume
So there is no basis for saying you have a criminal record, except that you have admitted using marijuana, hardly a serious issue
That is why I am struggling with why you were deported
Never being convicted of anything in my life. My lawyer used that paragraph above in my appeal submission. I was caught underage drinking but was never convicted all I got was a caution but thats the same for most Irish people
In a situation like this the New Zealand ombudsman would be able to investigate to see if you have been treated unfairly. But that will not get you a visa to the wedding in four days. Their process, while thorough and usually dealt with reasonably quickly, will take some time to resolve.
Thanks and would I need a lawyer to help the situation?
They have an online form that you can use, but most don't need a lawyer
ie with the ombudsman
Because I have only seen a sample of the issue, I cannot definitively say what should happen. But it does seem that you have been treated unduly harshly
If I get over (or dont) would you be able to assist me in the process for a fee as Im not very good at this whole thing
I suggest you start with the form on their website at http://www.ombudsman.parliament.nz/make-a-complaint/make-a-complaint-now/make-a-complaint-online-now
That will start a dialogue with their complaints officers
But I can assist
Can you send me your details so I can look you up and get in contact
If I need to
Contact me through here and I can do that