These materials are comprised of a Paper and PowerPoint

Presenters

Jack Cheng

Elly Fleming

Yvanca Clarisse

Matt Stansfield

His Honour Judge Moses - Chair

Synopsis

If you practise in criminal law, chances are you've come across a client for whom a conviction or even a charge could have implications for their immigration status. And if you work in the immigration law arena, from time to time criminal law matters will arise for your clients. So how do these areas of law intersect? Of what traps and tips should you be aware? When should you or your clients seek specialist advice?

Written by experienced lawyers and an Immigration NZ practice lead, and offering judicial insights, this paper will answer these and many more questions, to ensure you are better equipped for managing the 'clash of codes' when representing clients.

These materials will help you:

Gain a better appreciation of when criminal and immigration matters intersect.

Delve into the impact of criminal charges whether intended to be defended or once there is a guilty plea or finding on a client's immigration status, including consideration of the NZ Bill of Rights Act.

Improve your understanding of the role deportation liability notices or deportation orders play in the immigration process.

Become better apprised of the impact of a conviction or any charge on a client's current or future immigration status, including reference to key case law.

Boost your knowledge of sentencing aspects: the impact of immigration status on sentence and the impact of sentence on immigration status.

Benefit from practical insights from Immigration NZ on key issues and its Manual, information sharing and character waivers.

Intended Audience:

Criminal lawyers, and immigration lawyers and advisers, including duty solicitors, of all levels of experience