A Tongan overstayer at the centre of claims of illegal and unfair treatment has failed to overturn his deportation.
An urgent appeal to stop the man being sent back to Tonga on Tuesday has been turned down by Associate Immigration Minister Nikki Kaye.
However, Ms Kaye has scrapped the normal five-year ban before the man can apply to return to New Zealand.
The man's lawyer, Richard Small, says the removal of the ban is welcome, but he will go ahead with complaints to the Ombudsman and the Solicitor-General.
Mr Small says the decision to deport the man is unfair because his request to speak to his lawyer after his arrest was ignored by the immigration service.