Open Letter to Iain Lees-Galloway and Kris Faafoi

To:

Minister of Immigration

Hon Iain Lees-Galloway

[email protected] govt.nz

Associate Minister of Immigration

Hon Kris Faafoi

[email protected]

 

OPEN LETTER:

 

Dear Hon Iain Lees-Galloway and Hon Kris Faafoi

I write to express my concern regarding the ongoing refugee status of Mohyadin Mohamed Farah.

The UN Convention relating to the Status of Refugees states:
Article 33 – Prohibition of expulsion or return (“refoulement”)

  1. No Contracting State shall expel or return (” refouler “) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.
  2. The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that country.

Mohyadin Mohamed Farah arrived in New Zealand as a refugee in 2001.  He had already spent time in a Kenyan jail for indecent assault.

Since being granted refugee status in New Zealand, the following crimes have been committed by Mohyadin Mohamed Farah:

  • 2002 – convicted of indecent assault.
  • 2004 – convicted of indecent assault and jailed for 2 years.
  • 2006 – convicted of sexual assault and he was jailed for 4 years.
  • 2011 – charged with indecent assault.
  • 2013 – charged with rape and violent assault.

Mohyadin Mohamed Farah is a serial sex offender with a long history of violent offences towards women during his 16 years as a refugee in New Zealand.

He has a pattern of offending soon after the completion of his previous sentence.

A deportation order was issued in 2008 but at the time, Somalia was in a state of war and no Government was available to issue a passport for his return. Now that is no longer the case why has the order not been reissued?

In 2015 Judge Mill ordered that Farah be detained as a special patient as he did not want him to be released back into the community due to his history of offending. Judge Mill has made it very clear that Mohyadin Mohamed Farah is a danger to the community.

He has recently been declared fit to stand trial for the most recent rape allegation from 2013, but the rape charges have since been dropped for unknown reasons.

He is likely to be released from his detention as a special patient, the time frame for this is not known. Even his mother has expressed her belief that her son should be returned to Somalia.

The severity and frequency of his offending have escalated and seems to follow a pattern as it occurs soon after his release back into the community.  My concern is that the welfare of New Zealand women is at risk if he is free in the community, and this particular case needs to be given urgent attention.

Under the United Nations convention relating to the status of refugees, a refugee may be expelled if they constitute a danger to the community of that country.  With this in mind, I would like you both to please address the following questions:

Did Mohyadin Mohamed Farah disclose any previous convictions on his application for refugee status?
If so, what was the conviction/s, and why did he qualify for refugee status if he already had a criminal record on entry to New Zealand?
Mohyadin Mohamed Farah is considered to be a danger to the community.  What steps will the Minister of Immigration take to protect the community?
Will you revoke Mohyadin Mohamed Farah’s status as a refugee, and arrange for him to be deported from New Zealand at the earliest opportunity?
Will Mohyadin Mohamed Farah be detained in a secure facility until deportation can be arranged?

 

Kind regards
A concerned New Zealand citizen

 


This post was written by Intern Staff

 


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