Parole Act 2002

55 Offenders may be released early for deportation

(1)

The Minister of Immigration may, in the Minister’s absolute discretion as defined in section 11 of the Immigration Act 2009, give the manager of a prison a written notice ordering the release of an offender into the custody of a constable or immigration officer if subsections (3) to (7) apply to the offender.

(2)

The chief executive may give the manager of a prison a written notice ordering the release of an offender into the custody of a constable or immigration officer at a time within 28 days preceding the offender’s statutory release date if subsections (3) to (6) apply to the offender. This subsection does not limit subsection (1).

(3)

The offender must be serving a sentence of imprisonment in the prison.

(4)

The offender—

(a)

must have been sentenced to 2 years or less; or

(b)

must have—

(i)

been sentenced to more than 2 years; and

(ii)

served either 2 years or one-third of the sentence, whichever is shorter; or

(c)

must have—

(i)

received an indeterminate sentence; and

(ii)

served at least 2 years.

(5)

The offender must be—

(a)

liable for deportation under section 154 of the Immigration Act 2009; or

(b)

the subject of a deportation order under section 163 of the Immigration Act 2009; or

(c)

the subject of a deportation liability notice under the Immigration Act 2009; or

(d)

the subject of a removal order under the Immigration Act 1987; or

(e)

the subject of a deportation order under the Immigration Act 1987.

(6)

The offender must be described by one of the following:

(a)

he or she has no right of appeal against his or her liability for deportation:

(b)

he or she has a right of appeal but has not made an appeal and the time for making an appeal has expired:

(c)

he or she made an appeal that has been determined by the upholding of the liability for deportation.

(7)

The offender must not pose an undue risk to the safety of the community into which he or she is to be deported, as established to the Minister’s satisfaction.

Section 55: substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).