A Chinese man accused of working here illegally has appeared at Auckland District Court

He and nine other Chinese men were found working on a construction site early last week, without the right visas.

The man was on his way to the airport on Thursday, but escaped the police car through an unlocked door.

Hours later he handed himself back to police.

Appearing in court today, the man's charge of escaping from lawful custody, which carries a maximum five year jail sentence, was withdrawn.

His lawyer Matt Robson believes Immigration Minister Kris Faafoi was responsible for having the charges dropped.

He says the Chinese man is now back at Mt Eden prison while Immigration find him another flight home.