Jeremy Hedderwick is challenging an Immigration decision not to let him stay in New Zealand after 14 years in the country. His Kiwi wife died last year from cancer.

A "law-abiding" chicken farmer is devastated he's fighting to stay in New Zealand when Czech drug smuggler Karel Sroubek was granted residency.

Jeremy Hedderwick came from South Africa 14 years ago. His Kiwi wife, Raewyn, died from cancer last year. Hedderwick says he's on antidepressants because his situation is "emotionally tortuous".

"A criminal has got residency and I'm a law abiding person," Hedderwick says. "I'm 65, but working as hard as any 20-year old."

Sroubek, who was jailed for drug offences, was granted residency by Immigration Minister Iain Lees-Galloway.

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The Immigration Protection Tribunal (IPT) in May upheld Immigration New Zealand's decision to decline Hedderwick's application, but said sufficient special circumstances existed for the immigration minister to intervene and grant a residence class visa.

Unlike case law, a ministerial intervention cannot be used as a precedent for other interventions. But Hedderwick's lawyer, Zelda Tope, is citing Sroubek's case, hoping to keep Hedderwick, whose work visa expires in January 2021, in the country.

DAN BROWNE Chicken farmer Jeremy Miles Hedderwick is "devastated" that after 14 years of hard work in NZ the Government is seeking to deport him, particularly after drug smuggler Karel Sroubek was granted residency.

The IPT in May upheld INZ's decision to decline Hedderwick's application, but said sufficient special circumstances existed for the Immigration Minister to intervene and grant a residence class visa.

Although IPT found Hedderwick had a solid NZ employment history, his position was valued, he had made a significant contribution and was likely to continue, Associate Immigration Minister Kris Faafoi declined to overturn INZ's decision.

Tope applied for a judicial review, and wrote to Lees-Galloway, Prime Minister Jacinda Ardern and National's immigration spokesman Michael Woodhouse, saying the matter was in the public interest.

SUPPLIED Jeremy Hedderwick, whose New Zealand wife, Raewyn Ellen Hedderwick, died from cancer last year, said he was devastated and was relying on antidepressants because his situation was "emotionally tortuous."

There was a "stark difference" between her client, who she said was a law abiding, taxpaying man, and Sroubek.

"Going back to South Africa after having lived in New Zealand for so long is not feasible or even reasonable for various reasons ... chief of which is his lack of roots in South Africa as well as the danger implications there."

Given her client's special and "very real circumstances" and lack of criminal past, it became extremely problematic to reconcile the decision for Faafoi not to intervene, given that Sroubek, who was deemed unsafe and denied parole, was granted residency, she said.

If he returned, it would be to farm because he had no other skills. "Extreme danger" was a real threat, she said.

Hedderwick said South Africa was "dire" and "getting worse".

"I've given my life to this country for more than 14 years. This has been an extremely emotional situation for me."

A spokeswoman for Faafoi said he did not comment on individual cases.

A Lees-Galloway spokesman confirmed the minister would respond to the letter in due course.

WARWICK SMITH/STUFF A spokesman for Immigration Minister Iain Lees-Galloway confirmed the minister had received the letter from Jeremy Hedderwick's lawyer on Thursday and would respond in due course.

National's immigration spokesman Michael Woodhouse said the "Sroubek threshold" would be used in every worthwhile case: "I expect there will be a significant number of appeals of ministerial discretion."

The minister would be forever reminded of his "shocking bad decision" that would continue to rebound on him, he said.

"I have a great deal of sympathy for a person in this situation, but it's not a rare thing … but what does stand out is the minister saw greater worth in a drug-smuggler than these people who made meaningful contributions to New Zealand but have with no pathway to residence."

"By no means is this going to be the last time we see this [type of appeal]."

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