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Aug 2005 to October, 2006
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NZ High Court Appeal and Judicial Review, Removal Review Authority Decision
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- High Court Appeal and Judicial Review, RRA Decision, Filed Aug 15, 2005
- Exhaustive Case Preparation to Include In Depth Human Rights Research
- Crown Makes Offer of Business Visa in Lieu of Going to Court, Jul, 2006
- High Court Case Proceeds on August 14, 2006
- High Court Case Dismissed Sep 21, 2006
- Wilfred Referred by MP Hon David Carter to NZIS Minister for a Discretionary Decision, Sep 25, 2006
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Section 32 begins and ends with yet another outright dismissal of Harmon's High Court Appeal and Judicial Review case. The High Court refused to consider any of the evidence as relevant beyond the initial decision of the RRA. Even though Harmon and his Canadian wife Carolyn came to New Zealand lawfully on August 11, 2001; have since that time lawfully resided in Christchurch; funded a successful New Zealand international communications company (Combined Technology NZ Limited); contributed greatly to the community, including their time on the boards of directors (even as board Chair) of New Zealand charitable trusts; created and funded their own New Zealand charitable family trust (La Famia Foundation NZ), and have maintained themselves as good law abiding citizens; the High Court (as did the RRA) refused to consider any of this information relevant to the case. Harmon has been at all times open and honest about his past, which if considered objectively as the worst case scenario; would include family court charges in the US that have been either dismissed or not acted upon to the extent that they have long since expired due to statute of limitation before his arrival in New Zealand in August, 2001. There are no law enforcement agencies in the US requesting his extradition, and out of principle, and his personal grievances against the US government, in 2005, he renounced his US citizenship and became stateless.
All things considered in these two NZ Appeal case dismissals, neither judicial authority has provided a plausible common sense reason for not consenting to residency for Harmon; outside of pure legal technicalities. It is quite apparent in both cases that neither jurisdiction was willing to set a precedent and allow a stateless person to be given lawful status in New Zealand; especially a stateless person who just happened to have blown the whistle on various high level US State and Federal government officials and the CIA. Justice Gendall initially expressed disappointment when he was informed that Harmon was before the NZ High Court as a “stateless person” which he could not recognize (NZ is not a member of the UN Stateless Convention), rather than a refugee (NZ is a member of the UN Refugee Convention, UNHCR) of which he could in fact recognize. During the NZ High Court Case, Justice Gendall openly commented on the evidence presented of the mistreatment of Mr. Wilfred by the US government political and justice systems; with phrases such as "political conspiracy" and “Mr. Wilfred was under siege".
Approximately three weeks before the High Court Appeal case took place, the Crown represented by Crown Attorney Ian Carter, contacted Harmon's attorneys by phone "off the record" and insisted, according to Harmon's attorney, that this case should never go to court, and as such he tendered a settlement offer. Mr. Carter stated that as a former Immigration Attorney, he was confident that he could obtain a Business Visa to Residency for Harmon should he be willing to drop the Appeal and Judicial Review. If Harmon would not agree, he was adamant that a Crown Motion to Dismiss the case would be approved and thereby the High Court would disallow any of the evidence to be considered. Mr. Carter admitted that given what he described as Harmon’s credible evidence and personal references presented in the case; in his opinion, Harmon was worthy of receiving lawful status in New Zealand. Although residency was the prize sought, and by now at great expense; it was an easy decision for Harmon to accept the Crown’s offer. Mr. Carter then agreed to take this offer to the Immigration Minister and get back to Harmon's counsel forthwith. Thereafter, he not only did not get back to Harmon's attorney on this issue, but also did not answer any further e-mails or calls, up to and including the commencement of the appeal hearing on August 14, 2006. One can only assume that either Mr. Carter did not present the deal or the Immigration Minister simply declined to agree to the offer. Ironically, and to the shock and dismay of Harmon and his attorneys, the Crown did indeed present a Motion to Dismiss at the outset of the Appeal hearing of which Justice Gendall ultimately agreed; and thereby dismissed the Appeal and Judicial Review disallowing any of Harmon’s evidence to be considered. With such a result, one could only assume either Harmon's attorney's were completely incompetent in taking such a case that could be so easily dismissed on grounds that the evidence was clearly inadmissible at the outset; or New Zealand’s and thereby Justice Gendall’s position on setting any legal precedent with regard to stateless persons was understandably immovable; or otherwise. We may never know. However, one thing is for certain. Harmon Wilfred’s case in its cause, and seeming perpetuity is by no means over.
On September 22, 2006, Member of Parliament Hon David Carter kindly agreed to represent and refer Harmon's case to Immigration Associate Minister Hon Clayton Cosgrove for a discretionary decision.
Index of PDF Documents in Case History Section 32:
Pg 1-5 Notice of Appeal, RRA Decision, Aug 15, 2005
Pg 1-12 Judicial Review Application, Nov 3, 2005
Pg 1-11 Wilfred Evidence Report For Appeal, Nov 24, 2005
Pg 1-8 Carolyn Dare Wilfred, Court Affidavit, Feb 9, 2006
Pg 1-25 Harmon Wilfred, Court Affidavit, Feb 22, 2006
Pg 1 NZ Member of Parliament, Hon David Carter, Letter of Support, Jun 21, 2006
Pg 1-28 Wilfred Court Appeal Case Outlined Submissions of Counsel, Jul 21, 2006
Pg 1-30 Crown, Respondent Case Outline Submissions, Jul 28, 2006
Pg 1-37 Wilfred v Department of Labour, CASE DISMISSED! Sep 21, 2006
Pg 1-3 Wilfred Message to MP Hon David Carter, Oct 9, 2006
