Immigration Minister Iain Lees-Galloway says he "had to weigh up Karel Sroubek's personal safety with public safety" when making the decision to grant the Czech drug smuggler residency.
Yesterday, the Immigration NZ review of the case found that Sroubek may be liable for deportation based on new information that Sroubek was convicted in the Czech Republic. Immigration NZ did not know this because Sroubek came to New Zealand under a different name.
Iain Lees-Galloway told Mike Hosking he had take into consideration the claim that Sroubek feared for his life if he returned to the Czech Republic.
"There are expectations that we take into consideration peoples' personal safety, whatever they have done we are not a country that just sends people off into a situation where their personal safety is going to be at risk.This has to be weighed up against public safety."
"What I was doing was weighing his safety against public safety and on the information that I had, I made the determination that I did. Of course when I got new information, I got the full picture, I made a different decision.
When challenged by Mike Hosking that he all the necessary information since the start, the Minister again reiterated that he had to take Sroubek's safety into consideration.
"I need to take into consideration a risk to his safety and then I need to take into consideration what the risk to his personal safety was."
Responding to questions over why the Czech drug smuggler's safety was of such concern, Lees-Galloway said "New Zealand is a country where we don't send people to their death".
"A judge has previously found that he thought he would be at risk if he returned to the Czech Republic."
When asked why he didn't seek legal advice prior to his decision, Lees-Galloway said he didn't feel he needed it.
"An enormous amount of work goes into preparing these files. Officials put these files together. There is legal advice during the preparation of these files. For me there was no legal question that I needed legal advice on."
"Of course, I took into consideration that he may be embellishing, that he may be misleading."
He said he followed the "usual process" with Sroubek's case.
"I also had in the file statements form official documents that he had no violent history in New Zealand, that he presented a low risk of re offending and that he had no connections with gangs."
The Immigration Minister said the fact that Karel Sroubek was wanted by Czech authorities when he was granted residency doesn't change the circumstances.
"Just because I've got more information about what a person has done in this country doesn't necessarily change the risk to them back in their home country."
Iain Lees-Galloway says he accepts he could have asked more questions but stands by the decision he made.
"I made a decision based on the information I had. When I got new information and a fuller picture, I made a different decision."
When challenged over what new information he has now, Lees-Galloway said he has to look at the bigger picture.
"I have to think more thoroughly than that. I've got to actually consider all the facts in the case."
The Minister said he has to take Sroubek's safety into his decision.
Lees-Galloway said he won't resign over this issues because he doesn't want to "run away from it".
"Quiting is running away from this issue. I want to face up to it. I want to sort it out ad I want to make sure that all these decision are made correctly every single time, that responsibility is on me and I am facing up to that responsibility."
Lees-Galloway has apologised to Prime Minister Jacinda Ardern over his handling of the matter.
Case history
Lees-Galloway had cancelled Sroubek's deportation liability in September and granted him residency in his real name, even though Sroubek had gang associations and is in prison for smuggling MDMA.
Earlier this month, the minister ordered a review of the decision after a court document noted that Sroubek twice travell...