Kim Dotcom speaks during an interview with Reuters in Auckland
Kim Dotcom speaks during an interview with Reuters in Auckland January 19, 2013. REUTERS

Kim Dotcom, New Zealand's controversial web tycoon of German origin, is in fresh trouble after revelations of undisclosed conviction at the time of applying for residency, surfaced. Now the Immigration department is mulling deportation as one of the probable consequences of his conduct. The web tycoon is already facing an extradition request from the U.S. after the American movie studios sued him for copy right violations and illegal profiting through his closed venture megauploa.com.

According to news reports, the tycoon concealed a conviction related to high speed dangerous driving while applying for residency in New Zealand. Following the disclosure in media, the Immigration New Zealand (INZ) launched a fresh investigation to confirm whether Kim Dotcom was deliberately hiding the conviction details, while applying for residency, reported Stuff.Co.Nz.

Hidden Conviction

The rule is clear that applicants for residency should make a full and factual disclosure of all previous convictions and seek a "special direction" waiver. Though Dotcom did disclose a hacking conviction of 1994 and an insider trading conviction of 2001, the dangerous driving charge, to which he pleaded guilty last Sept 14, 2009 was hushed up. The police reportedly caught Kim, while he was driving at 149km/h speed in a 50km/h zone in Albany at Auckland's North Shore.

In the residency form that Dotcom signed in June 2010, he tick marked in the box to declare that no dangerous driving conviction has happened. But details of the dangerous driving conviction are out to haunt him. He was charged at the North Shore District Court, under the name "Kim Schmitz," the name under which Dotcom was born. The Immigration New Zealand informed in a statement that "we are checking with the New Zealand police to confirm if there are undeclared convictions relating to Mr Dotcom. If adverse information is obtained, INZ will assess if there is any liability for deportation."

It has also been reported that Dotcom was given residency despite the SIS raising objection pointing to the FBI investigation. Then Immigration Minister Jonathan Coleman was kept informed about the process. Immigration NZ's then-acting chief executive, Steve Stuart had been praising his staff for meticulous" checks in granting the tycoon residency. Mr Stuart even released the residency file to show "the public ... how thoroughly we considered his application and that all factors were taken into account before residence was granted," said NZ Herald in a report.

Threat of Deportation

According to Barrister Aaron Martin, the possibility of deportation will arise if any new information on the character of an applicant of residency surfaced within five years. Deportation is also inevitable, if the residency was secured by fraud or forgery. In This case, he says the very fact that the case is being re-assessed by the department meant "Kim Dotcom has a reason to worry."