A woman attempted suicide in court today during a last-ditch hearing to have her partner's deportation delayed.
The suicide attempt was confirmed by lawyer Frank Deliu, who was appearing for Thai immigrant Chayasazh Oajwajee, as he appeals to the High Court at Auckland to suspend an Immigration New Zealand (INZ) order that he be deported tomorrow afternoon.
During today's proceeding, the woman entered the courtroom and sat by herself in the public gallery.
After about five minutes, she got up and walked unsteadily to a defence counsel assistant, who was also sitting at the back of the court.
She handed the woman a sealed A4 envelope and briefly rested her head on her shoulder before both women exited.
Mr Deliu later told NZPA the woman had tried to commit suicide and that the envelope contained her will.
Paramedics had arrived promptly and taken her to Auckland Hospital, where she was in a stable condition.
The hearing continued, oblivious to what had happened.
Mr Deliu is arguing that Mr Oajwajee's deportation is a breach of natural justice.
Mr Oajwajee, who has been in custody in Auckland Central Remand Prison for about three weeks, has been living in New Zealand since 1996 and has not had necessary visas since 2001.
He had a daughter that year and in 2010 entered into a de facto relationship with the woman, a New Zealand citizen.
The girl is living in Christchurch with her mother, whose business was destroyed in February's earthquake.
Mr Deliu said his client was intoxicated during the INZ interview which followed his arrest earlier this month, and pointed out he did not have an interpreter or lawyer present.
"If someone is intoxicated and cannot speak English and has no legal representation then that interview wasn't anything but window dressing," Mr Deliu said.
Furthermore, he argued, there was no record that the immigration officer conducting the interview paid due attention to Mr Oajwajee's personal circumstances.
Mr Deliu said this appeared to be a breach of the Bill of Rights and would advance this argument - which has been unsuccessfully made in the past - during a more substantive hearing, should today's application for interim relief be successful.
Anna Longdill, appearing for the Department of Labour, said this assertion had no foundation and it was futile for the plaintiff to try to challenge INZ's decision, which was made after substantial investigation and consideration.
Mr Oajwajee had been given ample opportunities to engage with INZ before his arrest but had been avoiding it since 2006.
He clearly did not require an interpreter in the interview, given that he had been in New Zealand for 15 years and was going out with a Chinese woman, and that had he answered all the questions competently, she said.
Mr Oajwajee had told a police officer and the interviewer that he was not intoxicated prior to the interview, and had declined an offer for legal representation to be provided, she said.
Associate Minister of Immigration Kate Wilkinson today sent him a letter saying she was not prepared to intervene in the case.
Justice Kit Toogood will deliver his decision tomorrow.
Mr Oajwajee's flight to Thailand is due to depart at 2.30pm tomorrow.
