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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
