Karel Sroubek may still avoid deportation after court setback

5:00 am today

Gill Bonnett, Immigration Reporter

Karel Sroubek. Photo: Carmen Bird Photography

The Court of Appeal has rejected Karel Sroubek's latest attempt to overturn his deportation to the Czech Republic.

But the convicted drug smuggler can still bring a judicial review.

The former kickboxer has been battling against deportation for seven years, when former immigration minister Iain Lees-Galloway allowed him to stay, and then reversed his decision.

Sroubek was wanted by Czech police after he was convicted of assaults on police, and in connection with an alleged assault during a murder more than 20 years ago. He fled Prague shortly after.

He is still known by some people as Jan Antolik, the fellow kickboxer whose passport he used to fly to New Zealand in 2003, and to apply for residence four years later.

Subsequent offending included the continued passport fraud and drug offences in 2014.

Further revelations emerged about Sroubek's past and Lees-Galloway was forced to change his controversial decision to grant him residence.

Following failed appeals, he was due to be deported by March 2023. But within days of the last tribunal decision - now almost three years ago - he filed an application for judicial review in the High Court at Auckland.

The Court of Appeal on Monday agreed he was 'time-barred' from judicial review of Lees-Galloway's decision. A judicial review of a humanitarian appeal is still possible.

Timeline

1999: Attacks against police officers and taxi driver, for which he was convicted but did not serve his 54-month prison sentence
7 September 2003: Vladimir Domacka was killed (Sroubek was wanted by Czech police on suspicion of assault)
16 September 2003 and 29 November 2003: Arrives visa-free on Jan Antolik's passport; granted three-month visitor's permit at border, travels in and out as visitor
April 2005: Applies for work permit and visa under the Work to Residence, Talent - Sports Category
November 2007: Residence application under Residence from Work, Talent - Sports Category, under Antolik identity
June 2008: Residence approved
October 2009: Czech police contact NZ police to advise that Sroubek was living in NZ under the Antolik identity. Interpol notice advises he's wanted in Czech Republic in connection to the 2003 murder
November 2009: Arrested for offences against the Immigration Act 1987
November 2011: Jury finds him guilty of immigration offences
February 2012: Discharge without conviction on immigration charges after completing 200 hours community service
April 2012: Immigration NZ (INZ) advised of pending charges
2012: Relationship begins with a New Zealand citizen
May 2013: Case placed on hold awaiting outcome of pending charges
17 September 2014: Separate drug offending committed (importation of MDMA/ecstasy)
20 September 2014: Arrested. Earlier drugs charges did not result in conviction
June 2016: Sentenced for importing ecstasy
December 2017: Court of Appeal dismisses Sroubek's appeal
October 2017: The High Court approves settlement of asset seizure derived directly or indirectly from the proceeds of criminal activity. Sroubek paid $190,000 plus interest.
29 March 2018: INZ writes to Sroubek through his lawyer seeking to comment on deportation liability
19 September 2018: Decision made by minister to grant new resident visa with conditions imposed
28 November 2018: Immigration Minister Iain Lees-Galloway announced Sroubek is liable for deportation when he is released from prison
September 2020: Sroubek released on parole
July 2021: Appeal at Immigration and Protection Tribunal (IPT) adjourned after he changed lawyer, then by Covid-19 lockdown
April 2022: First appeal at the IPT
December 2022: Decision on second appeal; IPT rules he should be deported by March.