New laws mean Australia may deport thousands of Kiwis

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New immigration laws brought into effect back in December mean that anyone who has served a jail sentence of 12 months or more in Australia could be deported.

According to reports by SBS, president of the Australian Lawyers Alliance Greg Barns said about 1500 Kiwis are currently in jail and about 5000 have been in jail over the past decade.

“Certainly, you're looking at the low thousands in terms of the number of people born in New Zealand, who are not citizens, and under this law could be deported back to New Zealand,” Barns said in an interview with Radio New Zealand.

“Many of those people have moved on with their lives and become good members of the community, with strong ties to Australia and none to New Zealand.”

Around 100 Kiwis have already been sent back to New Zealand, with about 200 currently being held in detention.  Hundreds of visas have been cancelled.

 “We don't want people who get into trouble, who have a criminal record, and those who fit into that category will have their visas cancelled and sent back to where they came from,” Australian senator Ian Macdonald said, saying that New Zealanders can’t expect special treatment.

“We love our cousins across the ditch but they must be subject to the same laws as everyone else.”

According to reports, foreign minister Murray McCully intends to speak with Aussie foreign minister Julie Bishop while they are both in New York, and New Zealand prime minister John Key has said he will raise the issue with Australian prime minister Malcolm Turnbull, but when that will happen is uncertain.
  • David Murray on 11/08/2017 1:21:28 PM

    I'm A New Zealander living in oz been here 38 years, got in trouble with the law spent 11 mths in main stream jail, and lose of Licence for 12 mths RBT, and a suspended centre for Centrelink payments all over the 38 years I've been here, will this get me deported bck to nz, I'm thinking of travelling back to nz in October 2017 with my family

  • AussieOwenhater on 1/08/2017 3:52:38 PM

    Your an absolute tool AussieOwen, u have that much hatrid towards New Zealanders its down right appalling. For all we know, your not even Australian. More than likely a "wannabe" Australian. Get your facts straight,keep your vulgar mouth clean. Your an embarrassment to your own country!

  • Katy on 10/07/2017 7:57:28 PM

    There is no compassion given to all these children and unborn babies who have had a Mum or Dad deported. Where are the Human Rights for these children - there is so much proven research which shows the pyschological damage caused to children of deported parents. This cruel 501 amendment needs to be changed for the sake of the children and families

  • Cecilia on 17/06/2017 3:21:30 AM

    Most of these kiwis have done there time & come out & are doing good! It's understandable if they keep re-offending then fucking oath send them back to nz! But they should be more worried about terrorist for example that guy that they let out on parole in Melbourne why the hell didn't they cancel his visa & fuck him off back off to Somalia or where ever he was born he had a loooooooong history of violence & shit but they let him out on parole & look what happened people lost there lives!!!!! This is ridiculous!

  • Md. Rubel Miah on 14/06/2017 7:43:16 PM

    I am male 36 year old still single and doing a managerial job in dhaka Bangladesh. would like to migrate Australia. In this regard i am seeking a good Australian partner who help me...rubelcaas@gmail.com or Facebook-Md. Rubel Miah

  • Bee on 22/04/2017 6:26:03 AM

    I have a close friend who's been deported from australia back to nz.. is there anyway he can get back to australia to his children

  • The man on 6/03/2017 2:17:59 PM

    As far as i am concerned this is racial discrimination. If i was raised here from 2 years old which means were ever i lived in Australia. I had obsorbed the local culture and the way they live all my mates are so called aussie. We grow up together get into fights petty crime example stealing some chewys from the servo. But we get caught. There white I'm islander and i get deported back to a country i know nothing about. Cause I'm not Caucasian thats not right.

  • Keisha on 20/09/2016 3:15:23 PM

    Hi my partner of 3 years is currently being held at the processing centre on christmas island. Is there anything i do to help him stay. He has been living in australia since 1989 (aged 2 years) we have had a child recently And im just wondering for the sake of our daughter if there is anything i can do?

  • Liv on 17/09/2016 2:21:03 PM

    I know someone who is wanted in nz for aggregated robbery and got disqualified for drink driving then also got caught driving again

    . Whats the chances he will get deported

  • Su on 14/09/2016 10:29:01 PM

    What visa can u apply for to gt back over from nz if u have bn convicted 12months or more

  • Owen Ozzie on 14/09/2016 2:42:02 PM

    DOES ANYONE KNOW THE FACTS OR ARE YOUS GOING ON ASSUMPTIONS.
    AUSSIE OWEN, YOUR AGGRESSIVE FEEDBACK IS NEGATIVE, GET OFF TIS PAGE, YOU OBVIOUSLY HAVE SOME ISSUES AS WELL, I BET, WHATS YOUR BACK GROUND

  • kataraina on 14/09/2016 2:33:51 PM

    Does anyone know of a good immigration lawyer, also I personally went into immigration and enquired about what the process was for deportation, there answer was we can not help you. I then asked can you give me some guidelines on where to go for help, again they said that I have been told generic imformation.
    For those of you that are bagging our kiwis, who are you to judge our people, yes there are bad in all cultures, not just kiwis. Look in your own back yard, I bet its not 100% clean.
    There is always a story behind things, yes if it was just through sheer nastiness, because you wanted to hurt, kill, etc then Yes there is areason to go into jail. Some people don't have support, or don't even have the knowledge to know where to go, ashamed,guil;ty lots of reasons, SO TO ALL YOU GUYS AND GIRLS BAGGING OUR KIWIS , WE DON'T NEED YOUR NEGATIVITY. IF WE HAD OPPPORTUNITIES LIKE YOU'S HAVE HAD IN AUSTRALIA, THERE WOULD'NT BE SO MANY OF US HERE.

  • sione on 13/09/2016 9:34:53 PM

    I have a prior drink driving charge an now in trouble again an maybe looking at sometime in the big house anyone no what the chances are me getting deported if its my 1st time inside if i do go for longer then 12months ?

  • Donelle on 11/09/2016 4:09:43 AM

    A very close friend of mine has been living in Australia for the past 26 years has not been in trouble for 20 years is in a very loving relationship and is a brilliant father to his partners 2 children. He was recently taken from his premises infront of his partner and step son and placed in a detention center. My friend was first informed 4 years ago that they are thinking of sending him back. He has supplied all that has been ask from the imagination center then he does not hear from them for months then they contact him this has been the case for the past 5 years. Can you please give me some feedback on your views of my story.
    Kind Regards

  • Dave h on 6/09/2016 11:57:28 PM

    Thanks. Brian. For your reply Very happy with your answer

  • Brian on 1/09/2016 4:26:56 PM

    Silv (25/8) - that section of the act is different to most cases being discussed here, and is generally used to deport people convicted of assault or other crimes of violence, and who have threatened more assaults against the victim. The fact that he's had his suspended sentence revoked and been put in jail would weigh heavily against him. Sorry, but I don't think he has any chance of being allowed to stay unless there are huge mitigating circumstances that you haven't mentioned in your question.

  • Silv on 25/08/2016 7:34:27 PM

    Hi i my partner in jail doing his two months suspended sentence and already has a letter to deport him back to nz under s116 1 e ii
    Is there a chance he can still stay

  • Brian on 22/08/2016 12:00:05 PM

    Ibrahim (18/8) - If the suspended sentence was for 12 months or more, or if the person also had other smaller sentences, suspended or otherwise, and the total of all their sentences was 12 months or more, then their PR may be in jeopardy. They should consult an immigration lawyer.

    Concerned Friend (18/8) - For the reasons listed above, the person you're talking about is almost certain to get a letter from the department before their release telling them that they will be deported. They can appeal that decision but they will be held in immigration detention on their release while the decision is being made, and that process can take many months.

  • Concerned friend on 18/08/2016 11:18:06 PM

    If someone is sentAnced to 12 months and is serving that time but had had a combination of sentAnces that equal 18 months is it automatic that immigration will
    Send a letter to the convicted person?

  • Ibrahim on 18/08/2016 7:56:05 PM

    If you are an Australian PR and you got your son and wife and she is Australian citizen and they put you on section 12 sespending sentince can section 12 effects your PR.

  • Jaysuper on 12/08/2016 5:54:39 PM

    Recently my mothers partner was deported back to NZ - he had served years for violent robbery here in Australia in the 90's - but had worked and come clean living in Australia. He has over $100,000 in super and he wants to give her the money as she has been diagnosed with breast cancer - how do we go about doing this?

  • AUSSIE OWEN on 10/08/2016 2:43:21 PM

    Tyreece 13-04-2016 Gee all of us here in Australia would love another kiwi arsehole like yourself back .. Maybe even be some bloke's bitch in jail...Wouldn't it be wonderful ? At least you would be of some use to someone.. I hope they chuck the keys away..

  • Bipolar1 on 8/08/2016 7:27:14 PM

    Ruthless laws, who are these people making such radical decisions, not in my name. Loads of Kiwis also pay their taxes, Australians also commit crimes, families are being torn and hearts being burdened with the thought of separation, relocation, etc. It is hard enough to get out of prison and re adapt to your life in a balanced sort of way, for some nearly impossible.
    I often wonder about the name "Corrective services", what exactly does it correct? Meaning?
    Mental Illness is, as usual, fairly ignored by the Health Care System. It is a Criminal matter. How is that supposed to be fair?

  • Brian on 8/08/2016 10:36:08 AM

    Dave H (22/7). If that 6 or 9 month suspended sentence is the only jail sentence you've ever received, you're fine. If you've had a previous jail sentence, not matter how long ago and regardless of whether it was suspended or not, and if the total combined time of that old sentence and your new sentence is 12 months or more, they can deport you, and you should consult an immigration lawyer ASAP.

  • Anonymous on 5/08/2016 4:06:46 PM

    Getting deported from Australia is not always the best thing for you because what if you were threatened by your former classmates and teachers in both primary and secondary schools here in New Zealand so badly that you really want to move to Australia to escape persecution from your former classmates and teachers plus apply for asylum status in Australia?

  • Robert on 3/08/2016 1:13:17 PM

    Can you get deported for stealing offences and minor fraud ones? Just used a credit card of 11dollars pay waved ...

  • Sarah on 3/08/2016 12:46:43 AM

    My son and his friend who is 19 was attacked by some Lebanese guys... They were tackled and punched from behind. My son fought them off him in self defence. He had tried to reason with them after he had accidentally backed into their car leaving no damage. My son had tried to apologise and offer to fix any damages.. Even tried to give his number. They wouldn't budge and wen my son attempted to drive off, the guys opened his car door trying to pull him out. So he was getting angry but determined to keep his cool, he got out and threw his keys tol a guy he knew with the hope that he could tak to the guys while his other friend took the car. As the car left, our son and his friend tried to get away to avoid any fighting. The guys first attacked my son from behind and as I mentioned earlier, he fought him off and went to keep running.. But those guys tried to then attack his friend from behind. His friend turned around and hit him and one of the guys got knocked out. The boys freaked out and ran... The police picked up his friend and rang Thomas who went in for questioning. My son was freaking out but he wasn't the one that knocked out the guy... That guy is fine btw. Our son was told that they were going to file for deportation???? It happened 3 days before his wedding and he has a 16minth old son. He's scared of deportation. He has stayed out of trouble... Been working full time and has been doing very well until this incident. The police told them that they saw those other guys attack first... Because it's heavily cctv in that area.. I don't understand y those guys aren't in trouble??? What do we do??? Can they file deportation before a trial??? Y do kiwis who work their butt off get deported but other immigrants get protected. He tried to do the right thing by them at the beginning ... Even their mates were telling them to leave our son and his mate alone. Any hope please?

  • Anonymous on 31/07/2016 4:06:32 PM

    Why would you deport kiwis back home to New Zealand from Christmas Island in Australia when you know these kiwis just don't like the celebration week around New Zealand during May every year?

    An kiwi not being selected for deportation to New Zealand from Australia might say "I moved to Australia with my family to escape torture from my former classmates and teachers because I want to end my relationship with my former classmates and teachers plus I want to be more than 100km away from them so they can not torture me anymore because I am in Australia with my family now and they are in New Zealand"

  • Amon Nicks on 28/07/2016 2:26:24 PM

    Hey Amanda, Someone advised me to speak to someone in Western Sydney who might help you. Send email to legalblacktown@outlook.com. Not lawyers.

  • Indian on 25/07/2016 5:51:27 PM

    I need a help. I have aapplied for the 309partner visa offsore for Australia in march 2015. In april 2016 my case officer asked for the AFP. I have 4 repeated drink and driving offences in Australia as I have stayed there before. When I submitted my AFP my case officer reffered my application for the chracter test assessment to Australia. I have never been to the jail , have paid all the fines and neither hit any one while driving . I have submitted an alcohol rehabilitation certificate from phycologist. Do you think il pass the character test or not.

  • Dave h on 22/07/2016 1:05:13 AM

    Hi Brian would u be deported for a 6 or 9 month suspended sentence

  • Kieran on 18/07/2016 6:54:58 AM

    I am a bit worried and would like some advice.

    I have been accused of some minor criminal offences while I was on holiday in Australia in 2014. The maximum sentence I would get if found guilty is 10 years but i've been advised that as a "first time offender" and the fact that my alleged offences are "not serious" I won't be jailed. I was also extremely mentally unwell at the time and suffered from weeks of psychosis before being placed involuntarily into a psych ward for 6 weeks. I suffer from social anxiety, depression, agoraphobia and bipolar disorder and I would honestly rather kill myself then be arrested, attend court, be found guilty, and spend time in a prison with hardened criminals.

    So I sit in New Zealand faced with the prospect of never being able to return to Australia, and if I do, potential punishment and then deportation which would make any attempt useless.

    Should I just stay in New Zealand and ignore it?

    I have a permanent visa, does this exempt me from section 501 of the Migration Act?

    Thank you.

  • jesse on 4/07/2016 7:13:35 PM

    served jail in nz didn't pass character test but been here 3yrs and my life has fully changed and never been in trouble in oz yet im in detention now visa cancelled , wtf ,also been fully employed whole time ive been in oz,

  • Jeremy on 30/06/2016 4:18:20 PM

    I need some help please. I have been in Australia since 1997. Own investment properties, have family here etc. But still have a NZ passport. On the 21st of July I am going to be sentenced for a driving offence, where I accidentally crashed my car. The lawyers state it will give me more than 12 months Jail time. Is there anything I can do to stop being deported? Or what will I need to check to help? This is crazy, I have made my life in Australia, I am not a criminal I have a medical condition that caused me to crash, now I face deportation as well as jail.

  • Caroline on 27/06/2016 1:09:47 PM

    My partner was deported back to NZ last November 2015, after spending 2 years in prison for rape and assult. Then he spent another 8 months in a detention centre.
    He wasn't born in NZ but his mother applied for a NZ passport, when he left there to work in Australia, aged 15.
    He's now 39.
    He has always been employed.
    Is it at all likely that he will be able to re- enter Australia at all in the future?

  • anonymous on 26/06/2016 9:08:45 PM

    Just asking of someone
    As there visa has been cancelled because of by accident putting yes and no!I'm just wondering has no money for a lawyer in hardship! What can they do would be great to know!

  • Anonymous on 22/06/2016 4:27:24 PM

    I think Australia deporting kiwis back home to New Zealand and forcing these kiwis to celebrate that weird language week around New Zealand during May every year even if these kiwis don't want to celebrate that week is totally wrong!

  • Anonymous on 22/06/2016 3:19:23 PM

    How many kiwis have moved to Australia since a new law came into force in New Zealand during May 2006? Australian government and prime minister should be nice to kiwis who did not like the laws and rules of New Zealand not deport these kiwis back to New Zealand and forcing them to celebrate that weird language week around New Zealand during May every year! A kiwi who came to Australia seeking safety from threats of their former classmates and teachers in New Zealand will say: "I came here to seek safety in Australia because I don't feel safe leaving my own home knowing that my former classmates and teachers are watching me in New Zealand even if I can't see them and I am worried that they will threaten me so I have decided to sell everything in New Zealand and find my new home in Australia so please give me asylum status in Australia!

  • A.A on 21/06/2016 8:22:34 PM

    Thank you so much Brian!
    Your reply has been recieved with much relief and appreciation.
    God bless you :-)

  • Brian on 21/06/2016 12:08:45 PM

    Jodz (14/6) - The 14 month sentence renders her eligible for deportation no matter how long she actually spends behind bars. If she's in jail now, she's going to get a letter from the department some time before her release telling her they plan to deport her. If she's out of jail and in the community tell her to talk to an immigration lawyer ASAP.

  • Brian on 21/06/2016 11:59:47 AM

    A.A (20/6) - Firstly, if his PD was converted to jail time back in the 1990s and he got sentenced to less than 12 months actual jail time, and he's had no other convictions since then that resulted in jail time, then he won't be deported, or refused entry when he comes back from any overseas holiday. He will need to declare the conviction when he comes back through immigration though. It's probably not worth him applying for citizenship at the moment as he doesn't need it to stay here, as the department is knocking backing most applications from those who have done jail time.

  • AUSSIE OWEN on 21/06/2016 12:44:29 AM

    Why is it that kiwis don't have to prove to the Australian Gov and people that they can support themselves financially , once they arrive in Australia,while waiting for their permanent res. visa that they never seem to apply for ???????..ALL OTHER MIGRANTS HAVE TO..

  • A.A on 20/06/2016 5:31:14 PM

    My brother who is a permanent resident moved over here from nz in 1989 when he was 15.

    When he was younger back in the 1990's he drank a lot and got into fights. He was given a periodic dentention order for assault charges but missed out too many and had to complete the rest of his sentence full time for a few months. I'm not sure what the actual sentence was but I know the rest of his time spent in prison was maybe 6 months?

    Fast forward almost 20 years later He is now 42, married, has a daughter and 2 grandchildren and looking to apply for an Australian citizenship because of all these new immigration laws.
    Do you think this is still possible? Or do you think he could even face deportation as well?

    Also we're thinking of a family trip overseas later in the year... Could they deny him back into Australia and if that was the case does he have to go with them and stay at one of those dentention centres or can we his family arrange for his airfare back to NZ straightaway?

    Many thanks

  • Jodz on 14/06/2016 8:11:48 PM

    If my sister who is married to an Australian but doesn't have Australian citizenship serves months of her 14 months sentence. Is she eligible to apply for citizenship or could she be deported?

  • Shirley on 11/06/2016 10:24:02 AM

    I grew up in NZ - came to Australia when I was 20. I am an Australian citizen - my daughters are Australian. I have never commited a crime and never will - and think it very appropriate to send Kiwis back to NZ if they are not model citizens. Laws are laws - do the right thing and there is no problem. Not hard.
    We have Australian criminals - we don't need any more.

  • Brian on 7/06/2016 12:27:33 PM

    John (06/06) - if the guy concerned has Australian citizenship, it's irrelevant that he was born in NZ. He cannot be deported.

  • John on 6/06/2016 8:35:35 PM

    If someone goes to jail for 2years+ Who is a citizen, has wife and kids here in Australia but born originally in NZ, will he get deported even though his kids are born here and Australian wife?

    Thanks in advance

  • Naomi on 5/06/2016 5:26:04 AM

    I am a 37 year old Australian mother who lost her father at a young age due to him being deported back to Scotland due to a similar law. My father came to Australia at the age of about 10 with his entire family. He had 3 children, the youngest of which was a toddler when they sent him away. My dad had a very unfortunate upbringing both at home and in abusive state care centres as a youngster. This caused him to battle demons and stupidly to use drugs (this was back in the 70's before there was more education about the dangers of such things.) His drug habit lead him to commit armed robbery at the age of 22. He went to jail. Whilst in prison he initially continued to use drugs and received no support to become sober. He endured awful experiences in prison and escaped on more than one occasion to try and see me and my little sister. His sentence was repeatedly extended due to such things until finally he saw the error of his ways. He changed his life from behind bars. He studied psychology, sociology and criminology in prison, assisted other prisoners to do the same and was excelling at a degree in engineering. nearing his release he was told he would be held again for deportation. Numerous prisoner support workers and university employees vouched for him being the model of rehabilitation, as well as all of his siblings here and his kids begging he stay. Despite this after years of fighting he was forced to give up. He had cancer and his wonderful lawyer and advocate also passed away unexpectedly and when I was 14 he contacted me and apologised saying he just couldn't fight it any more. He was thrown back in to immigration prison when he was 3/4 of the way through a live in rehab program and deported shortly after. I never saw him again. When I was 20 I went to Scottland and buried him. He served his time and became rehabilitated. Despite his stupid errors as a youngster he was a beautiful, kind, intelligent, giving person who got sent to a strange land to die alone. Meanwhile, his children and loved ones are still serving an emotional sentence after losing him. I imagine his loneliness, sadness and despair, sick, sad and knowing he could never see his children again. It is time to make sure this never happens again!!!!

  • jay on 3/06/2016 8:53:50 PM

    can you be deported if you got a sentence of 12 months but only served 6?

  • Brian on 1/06/2016 11:46:10 AM

    Kat (30/5) - Sorry to be the bearer of bad tidings but deportation applies on a 16 month sentence even if he only spends 1 day in prison. You need to consult with a good immigration lawyer, but only use one who specialises in these kinds of cases. The ones who specialise in 457 visas or immigration from SE Asia may not be across this well enough. Good luck.

  • kat on 30/05/2016 6:42:59 PM

    Hi my son has been sentenced to 16 months imprisonment and 8 months only on good behaviour, we came in to the country when he was 6 months, 1992 he is know 23 does this mean that he will be deported back to nz, he has a son that is Australian. Does deportation mean if he spends the whole 12 months in prison.

  • Dave h on 24/05/2016 4:06:37 PM

    Hi Greg b. will you be deported for receiving a section 9 good behaviour bond. Or a 9 month suspended sentence

  • Anonymous on 22/05/2016 6:21:15 PM

    Australia sending these kiwis back home to New Zealand and forcing these kiwis to celebrate that weird celebration week around New Zealand during early May every year is wrong because why would you deport a kiwi who have given you the statement that they want to move to Australia to go into hiding from their former classmates and teachers in New Zealand?

  • Anonymous on 22/05/2016 5:30:00 PM

    Why did Australia not help these kiwis who want to end their relationship with that weird community group in New Zealand? If these kiwis offered the explanation to Australian Immigration officers about why they want to end their relationship with that weird community group in New Zealand, then surely Australian Immigration officers will let these kiwis stay in Australia instead of deporting them back home to New Zealand? Not deporting kiwis back home to New Zealand and forcing them to celebrate that weird celebration week will mean that kiwis can still go out into the public places of Australia without having to worry about being threatened with truancy and prosecution!

    http://www.post-gazette.com/local/south/2014/02/26/West-Virginia-teen-gets-30-years-in-prison-for-her-role-in-friend-s-stabbing-death/stories/201402260140

  • Debbie griffin on 12/05/2016 3:45:53 PM

    The one bad thing i see is the fathers sent home faily and kids stay here once again the Australian tax payers pays for centrelink again

  • Sue on 10/05/2016 7:45:26 AM

    Sick of the person who keeps posting about something happening in May. May be a joke to some idiots, but not to those whose lives it affects.

  • Anonymous on 8/05/2016 6:10:04 PM

    Why did Australia deport kiwis back home to New Zealand if Australia already knew that these kiwis did not like laws in New Zealand and have moved to Australia to start a new chapter of their lives and to escape that weird celebration week in New Zealand during 1-2 weeks of May every year?

  • Anonymous on 8/05/2016 5:48:52 PM

    If Australia changes its deportation laws for kiwis currently living in Australia then these kiwis can still go out and enjoy the sunshine in Australia instead of being forced to celebrate that weird celebration week in New Zealand during first or second week of May every year and also kiwis can still enjoy basking in outdoor swimming pools during summer months plus visiting their favourite attractions in Australia like Australia Zoo of Beerwah, Sunshine Coast in Australia!

  • Rachel on 5/05/2016 5:03:20 PM

    My partner is from New Zealand and was recently convicted in Australia and sentenced to 14months but able to apply for parole after 7months. If he ends up serving only 7months, does he still face deportation due to the original sentence? He has been in Australia since 2011 and his family and I are all in Australia.

  • Bill A on 3/05/2016 12:31:23 AM

    Hi amanda, first you do not get a parole date if you have been sentenced on just 3 months jail it would be probation or be on a good behaviour bond for 9 months. And no he should not be deported as he is doing less than 12 months as stipulated under s501(3a), in fact I would be very surprised but again I do not believe so

  • Anonymous on 1/05/2016 1:47:26 PM

    If Australia did not deport these kiwis back home to New Zealand then these kiwis can either hide in Mt Isa suburb of Queensland, Australia or underground towns of Coober Pedy in South Australia from that weird celebration week in New Zealand during May every year!

  • Al on 1/05/2016 11:14:01 AM

    Kiwi who has lived in Aus since late 1980's. Conviction for theft in 1995. Successfully appealed cancellation under S501 more than 10 years ago. Married to Aussie and Aussie kids. Is cancellation now likely since it has already been overruled? Thank you.

  • betty on 28/04/2016 5:13:57 PM

    I received a 2yr suspended sentence 15yr ago. Non violent. None since. Will I be deported now? Will I get advised or will they just turn up and take me? Can I agree to go to avoid detention and organise affairs?

  • Anonymous on 25/04/2016 10:27:25 AM

    NZ living in Australia and has a high range drink driving charge and crashes a vehicle what may happen regarding visa

  • Amy on 24/04/2016 9:05:50 PM

    While growing up my husband was convicted of some crimes, no jail sentences only good behaviour bonds, etc. He was born here however both parents are NZ citizens (he has a NZ passport). We want to go overseas for the first time, will he have trouble getting back into Australia?

  • Bill A on 15/04/2016 3:55:10 PM

    Hi Tyreece, you will not be allowed back in australia as you would have been sentenced in absentia, and if you did arrive you will be likely detained to do the sentence here and then deported back to NZ

  • tyreece on 13/04/2016 10:10:12 PM

    Hi i really need some help,im a nz citazin.so back in 2012 i moved to brisbane to have a better life,i was there for 6months and became an alcoholic,anyway i ended up being charged for i think they called it the one punch knockout,i dont know maybe just assault,i then forgot to attend court for sentencing,and the day i had court i also badly assaulted another person while intoxicated but also in self defence.long story short i was told by people that the charges were very serious and i was looking at 5yrs in prison,then be deported back to nz.so i decided to sell all my belongings and fleed back to nz before i was sentenced.its now been 4 yrs and ive changed my life and wish to return to australia with my family.my question is will i get deported back to nz or will i be held to face my crimes?? and also ive had the thought of maybe changing my name?will it work? please someone can you answer my questions.i hope i havnt afeended anyone aswell.thanks

  • Bill A on 12/04/2016 8:55:49 AM

    Hello Amanda, no he shouldn't get deported, I am currently representing a young man facing deportation and I have found some things that alot of people on here do not understand. In relations to 501(3A) if you are applying for revocation of your visa being cancelled, you can fight it in the AAT, but only if a delegate of immigration has cancelled it, if the Minister personally has cancelled it then you have to go to the federal court. The new law only takes effect which alot of people do not seem to know if that if you have arrived in Australia and committed an offence that carries 12 months imprisonment, that is like say 12 months in one hit or totalling 12 months in the first 10 years, you will be deported.

  • Rob, Tutangatawhenua. on 4/04/2016 6:23:48 AM

    This law is inhuman, people have rights, criminals have rights.Fair enough we must respect the laws in another country but people make mistakes, they go to jail and do their time.Why not send the dreaded letter, release them for a month to sort family and personal stuff, then deport.

  • Brian on 30/03/2016 2:00:54 PM

    Glynda (19/3) - Yes, the sentences are now "added up", so under the old rules if you had two sentences of 6 months each, even if they were all or partly suspended, you were fine to stay, but now you'd be liable to deportation. This new rule is being applied retrospectively, so even if you received the two sentences years before the new law came into force, you can now be deported even though you've been 100% perfect since the last conviction. This is the 'unfair' aspect of the new rules.

    Kell (23/3) - Your partner is in serious danger of being deported if he was given 2.5 years, with all but 9 months suspended, which I think is what you're saying. Immigration will send him notice of this while he's in jail. You should consult an immigration lawyer immediately.

  • Anonymous on 29/03/2016 10:00:23 AM

    If Australia did not deport these kiwis back home to New Zealand then these kiwis can either pull blanket over their heads or go swimming outdoor in Australia to get away from celebrating that weird celebration week in New Zealand during May every year!

  • aussie Owen on 24/03/2016 11:59:16 PM

    I say every kiwi should pack their bags and return to their beloved NZ across the Tasman.. Their country needs them, criminals and all...
    You maybe even smart enough now to generate some jobs there..that would be a change from parasiting off Australia's job market and benefits..
    Please give it a go.. they're all waiting for you.

  • Brooke on 24/03/2016 7:36:50 PM

    My partners ( been in Australia for 7 years) head sentence was 2 1/2 years but he is sentenced to 9 months improsomemt...
    It was a violent offence but happened 4 years before he was even sentenced and has no other chargers.
    Could he be deported back to NZ?

  • Kell on 23/03/2016 9:22:28 PM

    Well its pretty simple really obey the law, teach your kids the same...and bobs your aunty...uncle!!

  • Glynda on 19/03/2016 1:38:07 PM

    Is it one 12month sentence or r they added up. Like an 8th. Month and another 1 is 9 months

  • Brian on 18/03/2016 2:41:31 PM

    Jacqui Harvey - assuming that your ex is an Australian resident, but not a citizen, then yes, he would be liable for deportation if he got a sentence of 12 months or more, even if all or part of it was suspended.

  • Jacqui Harvey on 17/03/2016 6:35:24 PM

    I have my ex partner who was born in Scotland. His father was sponsored to work in Australia so his family moved when he was 2years old. My ex partner has a child and one on the way. I have a intervention order aginest him and he want me to drop the assault charges because off being deported. Would he get deported if he get 12 month jail sentences, being born in Scotland?

  • Pom on 15/03/2016 3:25:44 PM

    It's not just New Zealanders its U.K. Irish anyone who the ministers deems to be of bad character.
    This includes guilt by association without even having a record.

  • Johns on 14/03/2016 10:50:06 AM

    If you are a fit and proper person according to the particular requirement of a country then no issue. If the rules change to legislate against persons including those who merit some questionable aspect, be it either wanting to enter or to remain, then the law is the law.

  • Sonali Bhattacharjee on 12/03/2016 7:23:23 PM

    Australian Government- please let kiwis stay in Australia instead of deporting them back home to New Zealand just because some of these kiwis might not like that weird law made in New Zealand during May 2006

  • DanB on 7/03/2016 10:12:55 AM

    Amanda, you should seek legal advice.

  • Sonali Bhattacharjee on 6/03/2016 4:41:35 PM

    Australia should plan more fun events like Sydney Royal Easter Show and Australian Bowl-riding Championships to stop kiwis committing crimes and that would make kiwis less likely to be selected for deportation from Australia!

  • Sonali Bhattacharjee on 6/03/2016 4:28:10 PM

    How can these kiwis commit crimes and getting themselves deported from Australia when there are lots of fun events happening in Sydney of New South Wales in Australia like Sydney Royal Easter Show and Australian Bowl-riding championships to keep these kiwis excited and less likely to be deported from Australia for committing crimes?

  • Sonali Bhattacharjee on 5/03/2016 5:54:19 PM

    Deported kiwis who have been deported from Australia will say "where am I going to go into hiding when that celebration week is happening on 9-15 May 2016? This really worries me because my former classmates and teachers from schools has forced me into celebrating that weird celebration and I have moved to Australia to go into hiding from my former classmates and teachers and now Australian immigration has deported me back to New Zealand and now I have nowhere to hide when that celebration week happens during May every year!"

  • Sonali Bhattacharjee on 5/03/2016 5:50:33 PM

    Australia should be ready to welcome kiwis who don't like new laws enforced in New Zealand especially that celebration week coming up on 9-15 May 2016 not deport these kiwis back home to New Zealand!

  • Sonali Bhattacharjee on 29/02/2016 10:05:20 AM

    If Australia deports these kiwis back home to New Zealand then where are these deported kiwis going to go into hiding every May especially when there is a celebration week coming up on 9-15 May 2016? Small space in New Zealand is not enough to hide because of 4 million people living here unlike large space and more than 20 million people living in Australia!

  • mum being torn but who cares on 28/02/2016 2:35:36 AM

    some people have no heart, I can honestly say that what I'm going through I could never wish this upon anyone, no one or anything who ever made this law is a very mean nasty ugly person that must be very empty inside.... Free the 501's

  • Sonali Bhattacharjee on 27/02/2016 6:39:56 PM

    If Australian government wants to send deported kiwis back home to New Zealand, then don't blame us if New Zealand government threatens us with truancy, prosecution and threatening to bring us out of hiding to celebrate weird holidays every May because New Zealand does not have enough space for deported kiwis to hide if they don't want to be forced into celebrating weird holidays like Australia

  • aussie Owen on 24/02/2016 4:28:13 PM

    Hey Kiwi bob 21-10-2015..Sounds to me like you can't afford to go back..So sad.. Very similar story with most of your kiwi mates.. yep that's right can't afford the permanent res. visa application fee..maybe that's the reason 99.9% of your mates are using for not becoming citizens after parasiting off Australia and Australian jobs for many many years...Cant afford the plane fare ether eh??

  • aussie Owen on 24/02/2016 4:17:25 PM

    Hey John. Who doesn't know their Australian history then eh????Australia moved forward only when free settlers moved here. But not from NZ I might add.. I could fine tune this deportation law a bit..Instead of keeping the bastards here for their sentence then deporting them.Why not send the scumbags back so their dear beloved NZ taxpayers fork the bill..Just wave goodbye to them at the airport if it makes you feel better.

  • aussie Owen on 24/02/2016 4:07:22 PM

    Amanda this is what you do.. Get another partner that knows how to act properly..Just wave goodbye to the old one at the airport.Problem solved.

  • aussie Owen on 24/02/2016 3:55:38 PM

    Very well said Steve.. Let's hope we do away with the ANZAC mateship then unrestricted trans Tasman travel .. what will our kiwi mates do then ?? They will have to qualify properly. You would only find a trickly of them coming here then. You beaut.
    Shut the gate before the horse bolts.

  • Anonymous on 24/02/2016 2:14:48 AM

    If you aren't a criminal, you have nothing to worry about.

  • dalepalmer on 22/02/2016 9:21:01 PM

    any nationality other than Australian that commits a serious crime should be subjected to automatic deportation in my opinion. I somehow manage to not commit crimes in other countries but would expect to be deported if I did .to all the kiwis whining about this perhaps you should look at the way a very big percentage of you behave while you are here.
    some examples the bullying of the weak and meek .
    the violent attitudes of many of you.
    the superior attitude you possess.
    how you wont employ anyone unless kiwi or islander.
    the total lack of respect for Australia .
    nearly all of the immagrants I have ever met identified themselves as Australian regardless of where they were born. not one kiwi that I have met has ever appreciated this country for letting them here.

  • Sue on 22/02/2016 7:35:37 PM

    Maria, have you tried phoning the Australian Department of Immigration. My husband did and someone there told him he was 'on the list' and would be getting a letter in the mail.

  • maria heredia on 22/02/2016 1:53:00 PM

    Hi. Jus wondering on a 12month sentence but he has parole in 6months will he b deported and as for his family how do we find out if he is.

  • john on 16/02/2016 10:57:30 AM

    that's unfair as Australia was pretty much created and built from criminals itself.

  • angry! on 14/02/2016 1:29:29 AM

    All the newzealanders feeling embarrassed about who you are is really just guttless painting a bad picture for your own people hell state of use

  • Tracy on 12/02/2016 10:18:24 AM

    If you are not a CRIMINAL you will have NOTHING to worry about.
    If you are due to be deported, stop playing how unjust this is. If you were due to spend at least a year in prison its because you have committed an vicious crime, or because you have committed many. You dont deserve to be here.
    What do you want, time in jail here or freedom over there... and for everyone saying "what about their poor families..."
    Well what about their poor families?
    Who cares? They should have thought about that before they committed the crimes. They were not thinking about their families or the people they committed the crime against.
    And Sue... (apologies for the insensitivity, but) your husband did not commit suicide because of a law brought in. If he served time 20 yrs ago it has nothing on this new law bought in now.

  • Mish on 11/02/2016 11:56:17 PM

    How is it right to rip a family apart that has been living in Australia for most of their lives because they spent time in jail ....... they work thay pay taxes, yes some commit crime, but we don't have a problem with allowing other cultures whom can't speak bloody English and have no interest in working and look upon us like we are shit, we know nothing about who they are, what crimes they have committed, what their motives are........ it is not the Kiwis we should be looking at and sending to a place some may not call home or have nothing to go back for, this LAW is inhumane and a disgrace to who we believe we are........
    I am ashamed to call myself Australian, this country has turned it's back on an alliance forged so long ago, you have ripped the dignity from good people and allow our brothers and sisters to be treated like animals........ shame on you, your the animal, I used to be proud to be Australian but I now am searching for my family history so I can call myself anything but Australian .....

  • Tracy on 11/02/2016 10:25:03 AM

    Im a Kiwi and have lived in Australia for 23 years. I am a very lucky person this country allowed me here to live seeking refuge from the criminal household I was born into. I am grateful for the privilege.

    Send every single Kiwi back to where they came from if they have come to Australia and broken our laws. These people are an embarrassment to New Zealand.

    Why the hell would this country want, or house in the jail system here, NZ criminals and thats what they are. CRIMINALS..

    Coming to Australia, living a clean and cruisy life, does NOT mean coming over here and crapping all over it with a criminal lifestyle.
    The standard is set... a certain time away for certain crimes equals the result in deportation eg. If you stole a 10 dollar item off the shelf at target, you are not going to go to prison and you won't get deported.

    Rape, murder and other violent crimes that attract a sentence of decent time deserve deportation as part of the sentence.
    For anyone thinking this is a crap decision, you are WRONG. Black and white you are wrong. The person who committed the crime made that crap decision and chose their fate.

    Grow up people. And for anyone using the ANZAC relationship excuse here... there is no pride in crime, and not one of our men in either country, fought so that pedos, rapists, arsonists, or thugs can live a cruisy life of acceptance.
    Dont do the crime and you wont have a thing to worry about... and neither will any potential victims of these scum.
    The only people that seem to be crying about this are the crims themselves or the people closely associated to them.
    Go home.

  • Australia day on 26/01/2016 6:03:34 AM

    I have personally knowen 3 kiwi's all 3 have stolen and messed me around and I work as a security guard and on Australia day they are the ones to start problems and act like dickheads have seen it time and time again. If you don't like it here f#%$ off back home.

  • aussie Owen on 25/01/2016 2:09:30 PM

    Some peabrained new zealanders were saying that if they arrived after Feb 26 2001 ,when the visa law changed, they couldn't become Australian citizens.... Wake up. the fact is they are so lazy or scared to go to the immigration department and get their permanent residency visa. unlike all other migrants the peabrains only have to wait 1 year before they can apply for citizenship. all other migrants must wait 2 years.. very unfair..and no fee is payable.. very unfair..

    Ungrateful New zealanders don't have to worry about putting up a bond if they wish to bring a relative to Australia for a visit.. I had to..
    $10,000 bond for my 60 year old mother in law
    ...very unfair..
    New zealanders are still parasiting off Australia's job market...go and create your own.. very unfair..

    Best idea is to send the lot of them back to that hole across the Tasman and make them all reapply under the same conditions that all other migrants have to go thru...Don't forget to pay your application fees.. must be around $8,000 now..and before we forget , all you kiwis will have to prove that you can support yourselves financially for the non permanent residency period..years that is.. just like all other migrants..
    So before you become a citizen just remember you are a guest here in Australia please act like one..

  • aussie o on 24/01/2016 11:32:17 PM

    parasite
    ˈparəsʌɪt/Submit
    noun
    1.
    an organism which lives in or on another organism (its host) and benefits by deriving nutrients at the other's expense.
    "the parasite attaches itself to the mouths of fishes"

  • Kiwi on 24/01/2016 12:03:06 AM

    Im NZ born Living in Australia. I dont condone crime...be it by NZ citizens or not. In many cases crime here in Australia is committed by Australians. Yes kiwis get into trouble, just like the ozi folk. Yes they commit violence and drugs...just like the ozi folk. So what shall we do with the ozi folk? Send em back to England? I certainly get sick of seeing white Australians thieving, selling drugs at the age of 13 at our local train stations, I also get annoyed at helping out my fellow ozi friends after being brutalky beaten by their Aussie husbands/Partners. So before people try to make it a point that Kiwis are the biggest offenders, look beyond your suburb where ever that might be. Im a Maori living in a predominantly white Australian region, we have only a handful of Aboriginals here too, and all I see here is these white naughty trouble makers trying to destroy our community. I believe deporting should be case by case, not based on a sentencing period. Sometimes a sentencing can be harsher then the crime, some are sentenced hard on a first offence just to teach the person a lesson young others commit the same crime and walk away with a minimal fine. Yes, encouraging gang life...go home. Yes Drug sales...go home, Murder...go home (and rot), but traffic offences, relationships gone sour or criminal activities from early in life...no! People grow up, people learn, people change. Personally I feel that they should only be allowed to deport for crime committed after the date the law was made. This giving fair notice to kiwis that Australia has no forgiveness for them...and them only. For all we know its probably all because too many ozis cant get a position of employment because too many claim injured to catch disability pensions early in employment, or the more common problem is that theyre just far too dam lazy...good ol kiwis dont mind a bit of sweat and hard yakka...hence swiping jobs right out of lazy mans hands. The more of us thst get deported the more jobs there are. Lets face it...there are more kiwis working then there r collecting pensions, there are more kiwis then any other culture in the mines and in construction...being 2 of Australias biggest employment industries. Of course u folk dont like us. But please....dont be talking like u folk are some law abiding culture when your the most crooked criminal culture that ever left Britain, England and Scotland. Ive never seen so much drug influence, and the type of drugs easily and readily available here is just amazing! Id never heard of some of them in NZ. The growing recruitment here for isis is just outstanding, while isis is killing by the 100s, theyre able to live and live off the tax payer (many also kiwis) without any harassment or chance of being deported. Lol .... very much a Joke. Prime minister must be great friends with John Keys...arse about face.

  • aussie o on 23/01/2016 12:22:37 AM

    If all kiwis went thru the exact qualifications and checks that all other migrants have to go thru there wouldn't be a huge kiwi problem to start with.. make them pay the fees as well , I'm sure that would sort a lot of them out...
    I know --make citizenship compulsory.. No citizenship---off you go...

  • Dorethea on 17/01/2016 1:53:21 AM

    If you're a visitor in NZ, & commit a crime that earns you over 3 mths in jail, you get deported. So why all the sob stories from Kiwis regarding Australia protecting ourselves from the criminal element? Maybe, don't commit crimes in Oz, & don't expect our tax payers to support you when you do & stop thinking we're going to continue to bend over for you because you chose to live here without making the commitment to naturalise. To get a 12 mth sentence here you have to had commited a fairly serious crime. If you've lived here all your life & not bothered to become a citizen, boo hoo, go make a new life in the country you obviously hold greater esteem for & if you want to keep making "mistakes", NZ's taxpayers can pay to keep you in their rubbish, gang filled prisons. Good luck. Also, I live in an area with a high Kiwi/Maori presence & sadly all I see is violence & anger. If you're all so unhappy here that you want to bash everyone, intimidate, sell drugs to ubderage kids, there is the option to go back to NZ & enjoy the lower wages & everything else you moved here to escape.

  • Suzana Adad on 14/01/2016 9:11:03 AM

    I agree OFA (whoever that is?) But, once again the regulators seem to be more interested in an isolated issue opposed to the big picture clearly the case here, and their behaviour is getting worse.
    Right now it appears that the light will only go on when/if it effects them and that may never happen.
    I don't see a way out of this without massive legal and public intervention.
    I am still finding my way about that the poor former solicitor I watched and heard in Court last year. That was bad enough for me without this latest bad behaviour.
    What to do?

  • Steve on 12/01/2016 4:14:30 PM

    I have read the article and the associated comments carefully. What amazes me are the number of comments left by NZ-born 'residents' of Australia who have been in Australia for years - without ever taking up the opportunity Australian citizenship affords. If the opportunity to become an Australian citizen HAD been taken up, a large percentage of those people now concerned about their potential deportation would not be affected by the recent legislative amendments.

    Why live in a country for so long without taking up the opportunity to participate fully (ie. voting, etc). Unless, at the end of the day, all these people envisaged at some stage returning "home". In which case, they are now simply going back a bit sooner than anticipated!

  • OFA on 8/01/2016 3:14:10 PM

    THIS IS A JOKE AUSTRALIA, Y DONT U LOOK AT THE PEOPLE THAT ARE KILLING N BOMBING N DOIN THE REAL DAMAGE TO AUSTRALIA BUT THER RYT TO STAY IN AUSTRALIA RYT? Lol WATTA JOKE Good luck to this world n what it's becoming.

  • Edith on 6/01/2016 3:41:54 PM

    My son has lived here for 28 of his 30 years, we moved to Australia in 1987 and unfortunately he has recently been sentenced for fraud for more than 12 months. He is not an Australia Citizen. Will he be deported? He has no other criminal history and has a partner and a 2 year old son, this has been so stressful for our family who have always been law abiding, hard working people. He is very remorseful of the mistake he has made and shocked of the possibility of deportation. What can we do?

  • KT on 6/01/2016 12:15:49 PM

    I was born in New Zealand and my parents divorced when I was 3. My mother moved myself and two siblings to Australia when I was 5. I grew up in Australia and when I was 18 I decided to go stay overseas in the USA for a few years and work. When I came home to Australia in 2000 they told me the law had changed and that now I am no longer considered an Australian because I was not in Australia for the previous two years. I felt completely abandoned by Australia.All my family lives there and are all considered Australian citizens, but because I decided to do some traveling, I was outcast. I decided to live permanently in the US after that and I have never returned to the place I was raised. What kind of country can just abandon its own? Just make a decision without thinking and change a law that affects its own people so deeply?? Unless you are Aboriginal you are no more Australian than I am.Hundreds of years of doing wrong to its own people and still this country has not learned a thing.

  • KT on 6/01/2016 12:15:00 PM

    I was born in New Zealand and my parents divorced when I was 3. My mother moved myself and two siblings to Australia when I was 5. I grew up in Australia and when I was 18 I decided to go stay overseas in the USA for a few years and work. When I came home to Australia in 2000 they told me the law had changed and that now I am no longer considered an Australian because I was not in Australia for the previous two years. I felt completely abandoned by Australia.All my family lives there and are all considered Australian citizens, but because I decided to do some traveling, I was outcast. I decided to live permanently in the US after that and I have never returned to the place I was raised. What kind of country can just abandon its own? Just make a decision without thinking and change a law that affects its own people so deeply?? Unless you are Aboriginal you are no more Australian than I am.Hundreds of years of doing wrong to its own people and still this country has not learned a thing.

  • Anonymous on 5/01/2016 11:22:32 PM

    It's not sad, it's law that Australia needs to change, to make it tougher.

  • Will on 5/01/2016 3:29:25 PM

    Honestly look at the issue on the Gold Coast with the bikies and crime. Majority is related to New Zealand nationals. The recent coward punch was by a New Zealander named Renata Armstrong, the coward punch in coolanagatta was by a New Zealander which killed a 49 year old father, Lionel Oates viciously murdered his x girlfriend and is accused of murdering another Gold Coast man...! This is in just the last 6 months and relates to SE Qld only! Something needs to be done.

  • iain on 5/01/2016 2:39:00 PM

    This isn't the sentiment of the people. Just the dick heads at the top.

  • Sonali on 3/01/2016 4:19:04 PM

    I feel that deporting someone from Australia to New Zealand is wrong because what if they have a disability and they do not want to take part in celebrations around New Zealand in May every year? It should be a choice not a decision! See that link: http://www.stuff.co.nz/.../Human-crime-wave-Patricia-Toia... and decide for yourself! I would encourage all New Zealanders to leave New Zealand for good if they see that May is not their favourite month of the year! Not deporting people from Australia to New Zealand can be good for these people who don't want to see the celebrations in New Zealand every May! If Australia did not deport these people, then these people will stay in Australia and not have to worry about seeing that celebration on TV screens every May in New Zealand!
    Why I think that not deporting kiwis from Australia back to New Zealand is good because:
    1. They don't have to see the celebrations on TV every May
    2. No one will force them to celebrate these things in New Zealand
    3. Australia has no right to deport these people who don't want to see the celebrations on TV in New Zealand every May no matter if these people have committed crimes in Australia or not
    4. These people should explain to Australian immigration officers that they don't want to be deported back to New Zealand because they don't want to join in that celebration in May every year in New Zealand
    5. I wonder how many kiwis have left New Zealand since that law was made in 2006?

  • anonymous kiwi on 25/12/2015 11:59:51 PM

    Hi bit of a predicament. I'm NZ born NZ passport been living in Australia since 1990. I have a Australian born son 19yo to Australian citizen NZ born mother. Im at present married to an Australian lady.
    Received 1year suspended sentence on drug charges only criminal record..
    NZ mother very ill, will be wanting to travel back to NZ for funeral and very worried about the prospects of not bring allowed back into Australia.
    Any advice?

  • Deo on 19/12/2015 6:28:34 PM

    It's totally miscalculated and outrageous. Every human being who has erred needs a chance to reform.Hence denial of such right is gross violation of human rights and a sinful act by people in authority who probably presume they are milk bath clean.If you have a soul do some inward research.Remember tomorrow May be your turn.

  • C.Morgan on 16/12/2015 10:47:35 AM

    It's sad that Australia thinks like that and it's understandable why so many aboriginal tribes are asking Maori tribes for help and reclaiming what is rightfully theirs. But it is even sadder when a New Zealander is fully educated and was only employed in Australia, then they were injured and the welfare system ignored medical diagnosis and advice - intentionally making the person incapacitated, taking away their mental and physical help and only making it worse. I don't see what the point is in that, but they've been doing it for more than 15 years now. The person is in their mid 30's, yet has multiple disabilities because of ignorance and ignoring experienced/qualified physicians, surgeons and specialists. How can a government do that to people who dedicate their life to giving back to a country who has given them so many opportunities? I don't understand how that works - the person wanted their injuries to heal, so they could establish a business that offered full-time employment, culinary uses and medical sources. It doesn't make sense to intentionally harm someone's health, then expect that person to work for employers without any medical clearance. There's no reason or excuse for doing it, so now I wonder: is it because the person is a New Zealand citizen? Intentionally hurting people won't make them well enough to do anything, it'll only make their health worse and they will not be of any use at all. I haven't heard of New Zealand doing anything similar to their own citizens or Australian's, so why can't both countries see eye-to-eye and give each citizen the same rights as each other? Australia and New Zealand have helped each other throughout the years, it doesn't make sense to do things that could change alliances.

  • Robert on 14/12/2015 6:41:51 PM

    A reply to Vicky gray,I am saddened by your self righteousness.To think you are one of those that has never done anything wrong in her life,it is people like you that think you are better than everybody else.I believe this is one of the reasons the world is in chaos,this is why Jesus came.He was the the one to say to those people who brought that woman and accused her of adultry,he or she who is without sin cast the first stone.If I were you,I would rethink my attitude to everybody else,because those could be the people who might be there when you need help.We are all brothers and sisters whether we like it or not,try seeing the good in people.Have a lovely day and a merry Chritmas.

  • Clayton on 14/12/2015 1:54:35 PM

    https://www.facebook.com/groups/1014404018609919/

  • Robert on 13/12/2015 6:51:00 PM

    It is a shame for Australians to call names to others,when you got the same evil people in Australia.Many of those were not asked why they done what they did,they lose their jobs,there is no help to find work.You are told you are a kiwi and they cannot help you find a job,Australians are privileged,they can go straight onto the dole and no-one says a word.Where is the justice in that,do not get me wrong,I do not agree with those that abuse the system,but did those Kiwis get a fair go.We will all have to answer for our decisions,that is talking about those in power,making the laws to suit themselves and their families.Take the beam out of your eye before taking the splinter out the eye of others,we will give account of our decisions.

  • debdriver7@gmail.com on 12/12/2015 8:09:28 PM

    My son was deported to nz on 7/11/2015 last monday. He was lied to and told he.d recieve $2000 and be able to return in 3 yrs. He was held in auckland for 5 hours made to sign papers to not talk to media. Or he will be in breach of conditions. He was then dumped in a hotel in christchurch alone with $300. He has no one in nz. He came to wa when he was 3 yrs old. In 10/3/1989. As a permanent resident. I can hear in his voice and feel the devastation in his words. Where is the duty of care.. Re.hibilitation.. re.entragration . Please help or direct me to help . Thankyou distort mum.

  • Sophie on 12/12/2015 7:26:50 PM

    Hi. My hubby has like a 2 year suspended sentence from like 10 yrs ago or 8 yrs ago or somethin an he got found guilty of assault n got the 2 yr suspended sentence he hasnt received any letters or anythin about this could he have been missed by immigration hes been here since the 90z an can he still travel ?

  • Australasian Lawyer on 9/12/2015 11:12:51 AM

    Read today's followup on this story: http://www.australasianlawyer.com.au/news/detained-kiwis-signing-away-their-rights-says-lawyer-209695.aspx

  • alan on 7/12/2015 12:56:00 PM

    here is some info I have found out after speaking with a migration lawyer about my situation.
    only kiwis on temporary passports are effected by this rule. however, if you have been here for a substantial period of time you can get a certificate of new Zealand citizenship, which states your residence in Australia. costs around 50$, I have been here since 84, but for some strange reason, aussie immigration have changed my visa status to a temporary visa. I am now in the process of getting this rectified.
    my advice, don't listen to any ush lawyers, seek legal advice from a migration specialist, get a vevo check done on your passport to confirm. Do not believe what immigration tell you, they lie, and are not to be trusted (I went into immigration to see what visa I was actually on, and the smug little prick behind the counter told me im a permanent resident) if I hadn't have trusted my gut feeling and not contacted a lawyer, I would have flow out and not been allowed back in, and I would have had no natural justice, ie, appeal !!! now I am in the system, when I fly in, I can worst case get a border visa....
    please , if you have any doubts, contact a lawyer, and get the ball rolling to prove your ties to Australia. I was very lucky.
    once im sirted, and back in the country, I am going to make some waves about the misinformation I was provided by immigration dept, including , advice from the ministers office.

  • Ranz on 4/12/2015 8:04:02 AM

    So much for ANZAC? Don't ask New Zealand for anything then, Australia I am furiously fuming about this I am a New Zealand citizen but born in Australia my parents arent citizens of Australia born And breed in Auckland been in Sydney for 30+ years? I have cousins, aunties, uncles, friends and in laws that are born in New Zealand but spread out in Aussie to give a better life for there children, I have half cast nieces and nephews that are born in New Zealand but the mum is Australian? Are you going to tear families apart Australia? Like seriously we have Australians living in New Zealand and some that disobeyed laws and regulations and are now in prison? You don't see kiwis deporting Australians? what you should be worried about is terrorist? Disappointed in you Australia what else do you guys want to claim off us?

  • reeny on 2/12/2015 12:44:56 PM

    Well if Australia want to treat Kiwis as they do with other countries Well how about giving Them the same respect while they are living here, Give them benifits if needed HELP THEM, like you help all The War Loving Countries into this country of ours, You give them EVERYTHING AUSTRALIAN GOVERNMENTS TREATS KIWIS LIKE CONVICTS anyway!!!! I Was Born In Australia and My Ancestors have been here since the 1800s, Its a Bloody Disgrace How The Kiwis get treated here!!!!

  • sarah on 2/12/2015 12:19:17 PM

    I have been living in Australia for 6 years now. With my mother. I am a New Zealand citizen & I have turned 16 recently. I am wanting to move out of home tough my mum won't let me. She said that I am a New Zealand citizen not an Australian one. Am I allowed to move out without her consent????

  • DJ on 2/12/2015 12:10:29 AM

    I am a kiwi and lived here since 1986. I am going to be deported for drug related offences next year. I got charged september 2014 and still going through court. Since then I have fully rehabilitated from drugs and have become a much better person and father. This will impact my five children far more than myself, my 19 month old daughter the most. Yes I done the wrong thing and should be delt the appropriate punishment even if that means jail time. That alone would hugely affect my families life but then being deported. Seriously WTF. They say its to protect the Australian public.... My wife and kids are Australian, my extended family and friends are all Australian. I was told the government spent 700 million on the 13,000 refugees that they are allowing into the country ( correct me if I'm wrong ). I have payed tax in Australia since I was 17, I'm now 36. Many years spent in mining paying 30 - 40k in tax some years. How many IS will slip through the system in that intake ? Who knows, how many kiwis will slip thru the system when it comes to deportation? None, I'm sorry but F#@K u Australia, hows that fair.

  • darryl hunt on 1/12/2015 1:49:08 PM

    If you are worried you get go back to justice department in nz they will send your background check and carry it with you if travel ling and fill out arrival card properly as it a legal document

  • toya on 1/12/2015 12:51:04 PM

    i understand the extreme cases like rape, murder etc but i dont understand what deporting every new zealander that has committed any sort of crime back to new zealand will do. alot of new zealanders have made homes and built a family at the end of the day many families will be broken up or put into worse situations. and if that's the case of deporting new zealanders who have a criminal offence then what about the others that have made one? i heard that after 1980 something that if you were born in australia it doesnt make you a citizen because there was a stuff up back in the days, so what happens to the australians born here who have committed an offence? doesnt make sense to me really it just seems like new zealanders are being targetted, have yah ever heard of a new zealand going over to australia and bombing up the place i havent yet many refugees are let into this country and treated like kings and queens and then you have the terrorist attack like what happened in sydney. i think alot of questions needs to be raised about this.

  • alan on 1/12/2015 10:50:28 AM

    so let me get this right :
    I have a suspended sentence from 2008.
    I have never committed another offence, only the one on record.
    I have travelled in and out of Australia a dozen or more times since then.
    the last time I entered Australia was January 16 this year.
    every time I enter I declare my conviction like I am supposed to, I answer a few questions from immigration, and off I go.
    since I only have 1 historic charge, I should still be ok then, If i had any other charge, and even spent 1 day in jail, I would then fall under the character test and be deported ??
    I think the key point is related to the historical charge of 2 or more totalling a period of 12 months in jail, in my case. could someone who is a little more informed confirm this for me please.

  • Kathy on 1/12/2015 5:15:15 AM

    This report is incorrect. Anyone who is a non-citizen and who has ever been sentenced to periods totalling 12 or more months in prison, including suspended sentences, may have their visa cancelled. They don't need to have spent a day in prison, and they don't need to have been sentenced in Australia. NZ citizens who were in Australia on Feb 26th 2001 or for periods totalling 12 months in the two years before Feb 26th 2001, or who have a Centrelink certificate issued before Feb 26th 2004 should apply for citizenship. The most you will pay is $260 if you apply before Jan 1st 2016. Anyone who is a non-citizen and who has ever had a conviction must declare that conviction on their incoming passenger card which is a legal document. It doesn't matter how long ago it was or whether it has been removed from the public record. There is no clean slate for immigration purposes. An NZ citizen who has convictions must obtain written permission from the DIBP that they can travel to Australia. Failure to obtain permission may result in their being refused a visa on arrival in Australia and they may be subject to an exclusion period if they are refused entry to Australia.

  • Danielle on 1/12/2015 2:51:07 AM

    I don't have an Australian license to drive and I was stopped at a breath/alcohol check (which I passed) but I gave a false name. Although before this conviction my record is absolutely clean not to mention I used to work for the govt before I moved to Aus. I'm worried about deportation as well that I may be categorized for something nearly a year ago

  • Raya on 30/11/2015 10:10:47 AM

    So my question is.... myself and my hubby are from NZ but have been in Australia for over 10 years. When my hubby was 16 (20 years ago) he got a minor criminal conviction "in NZ" - NO jail time (just a silly teenager)... He never got into any other trouble since and we believe now has been granted a clean slate in NZ. He has never had any problems with the law here in Australia. We have been back and forth many times for holidays... however now with these new laws does that mean that he will now be deported? Sorry to sound so clueless but we have been trying to search the internet for the new laws and legislation etc but can't seem to find anything.... We want to go for another holiday but are now a bit worried :/

  • Brian on 26/11/2015 10:05:29 AM

    Alan - as you got a three year suspended sentence, you would have failed the character test under the old rules, and should have been interviewed by the then Immigration Dept a few months after that conviction to determine whether or not they were going to let you stay. Did that happen? If you went through that process and they decided you were allowed to stay, they would have sent you a letter confirming this, but probably telling you that you needed to apply for and have a resident return visa (RRV) if you wished to travel in and out of the country. Did they do this, and if so, is your visa still current? (It's a 5 year visa). If the interview process never took place and you don't have an RRV, and you haven't travelled outside Australia in 2015, I would STRONGLY recommend that you cancel your trip, or at the very least consult a reputable immigration lawyer.

  • alan on 25/11/2015 12:14:32 AM

    I have a 3 yr suspended sentence, 2008.
    what does that mean to me ? I only just found out about this , and am heading to indo in 3 weeks. I have travelled several times since, always declared conviction and been allowed back in, last entry was in January this year.
    out of interests sake, I arrived in aus as a young kid, grew up here, have 2 kids, house etc.

  • Brian on 23/11/2015 9:09:04 AM

    Nathan - it depends what the S10 offence was actually for. In some instances, the 2014 character test changes will work against this person even if he wasn't convicted.

    Is this person a Kiwi or another nationality? Have they been convicted of other offences previously. If so, what were those offences and what penalties were given? Has their immigration status been the subject of a previous Immigration Dept review and were they allowed to stay as a result of that review? Was their permanent visa a result of that review? It will have been if they were a Kiwi.

  • Dem balck on 22/11/2015 10:02:05 PM

    Refuges are doing more harm, in australia than kiwis ever did, australia you , are making a mistake.. fast forward... yr streets are going to be like war countries. An you only got yrselfs to blame.

  • nathan on 21/11/2015 9:42:51 PM

    If a person got s10 dismissal 9 years ago since then nothing has been recorded against him does it mean he will get his permanent visa canclled?

  • Kiwi col on 17/11/2015 9:05:30 AM

    Thanks I was Phil for letting everybody know about New Zealand criminals have you thought about putting in the amounts of Australian criminals everybody seems to be forgetting that New Zealand nationalities are the only People in the world who can stay in Australia on a temporary Visa for life think about it!

  • oz Phil on 16/11/2015 9:53:00 PM

    I work in a jail, and have met many that are being deported. Rapists, murderers, dealers, GBH thugs, sex pests, pedos and the like. To get into jail for 12 months or more requires criminal effort. It cost around $600 per day per crim to hold. Many keep coming back.
    SOME happen to be kiwis. This was not about kiwis. But a criminal element. But just to get some relevance here:
    THE DEPORTED
    The number of NZ nationals sent home by crime type since December 11, 2014.
    25: Child sex offences
    1: Murder
    4: manslaughter
    8: Rape, sexual offences
    5: Use-threat-intent weapon
    95: Assault
    42: Armed robbery
    28: GBH, reckless injury
    83: Other violent offences
    47: Drug offences
    38: Theft, robbery, break and enter
    Please tell me which ones we should keep.

    I do agree that it is abit harsh, but perhaps you need some perspective. I was deported for life from Canada for being a bikie associate and overstaying my 3 month visa by a month. Not a gang member, or having committed any crime. Their house, their rules.

    The visitor to NZ who goes to jail for 3 months within 2 years of arriving gets deported. There is a stepped scale of residency and deportation against prison time. Check it on http://www.dol.govt.nz/publications/general/ris-immigration-act-deportation.asp
    Stop whining. It was not about you. Hopefully the law will become more balanced soon.

  • Clayton on 16/11/2015 8:28:47 AM

    Trish

    If your partner is in Australia, he will be deported. If he's in New Zealand, he will never be allowed back into Australia.

  • Joanne on 13/11/2015 11:31:18 AM

    Yes send them back. There is one man living in south australia that should be sent back ASAP he is a child sex offender been in jail for two years in S.A and has a warrant for his arrest in W.A he is on the disability support pension in S.A and work's in aboriginal community's selling clothes etc for cash
    HE NEEDS TO BE GONE .

  • Trish on 13/11/2015 10:31:56 AM

    My partner (nz citizen) committed arson but his sentence is 3 years good behavior can someone please give me information on whether he can fly back and forth from Australia. Happened in 2013 sentenced November 2014. Abit worried on deportation. Thanks

  • John Winston Anthony Abbott on 8/11/2015 2:41:18 AM

    The National A them say's " for we are young and free " advance Australia fair " so children born in Australia can have a parent deported if not a citizen this is absolutily unconstitutional reckon a high court challenge to the Abort Governments arrogance and distain towards Australian Born Children losing parents by automatic deportation is out right abuse of due process Abbott was thrown out by his own team because of his arrogance this is a prime example of people being stripped of basic human rights Australians should be ashamed for we are not young and free nor are Australian born citizens having a parent deported is Australians being advanced fairly

  • Kiwi col on 6/11/2015 11:42:18 AM

    Hi I see Kiwis are the second highest nationality in Australian detention centres. I saw a show on TV last week one category shows a Kiwi bird behind bars and the questions were what is New Zealand's media name for Christmas island answer Kiwi Alcatraz ha ha ha ha which crime gets a Kiwi deported tattooing a drunk person or killing a homing pigeon answer tattooing a drunk person ha ha ha ha what about using mental telepathy to defraud or possession of an selling shipwreck property answer mental telepathy ha ha ha ha What about disrupting the wedding or eating a cat answer disrupting a wedding ha ha ha ha what about splashing someone with mud at a bus stop or challenging a person to a joule answer challenging someone to a joule ha ha ha ha. Well some people might think this is funny I definitely don't

  • Brian on 29/10/2015 8:55:15 AM

    Natasha - you mentioned that S501 deals with temporary visas. Does the 5 year RRV issued under Section 155 count as a temporary visa or a permanent one, and if it's the latter , is the holder of an RRV exempt from these S501 amendments?

  • Nickt1 on 26/10/2015 11:30:56 AM

    Thanks for the clarification, Natasha I was mainly illustrating the fact that the media have not mentioned the jihadists aspect to this story which seemed like a bit of an elephant in the room to me.

  • Natasha on 26/10/2015 9:50:03 AM

    nickt1 I'd suggest you read the Explanatory Memorandum to the Bill in relation to the policy rationale for the legislative change, because your summation is not entirely correct. s501 deals with cancelation of temporary visa's on Character Grounds, the SCV is a temporary Visa. The purpose of the amendments was to cast the net as wide as possible, hence the insertion of (3A) changing the definition of 'Substantial Criminal Record' from 2 years to 12 months. In relation to the 'Muslim extremism' as you put it, s 501 does not deal with revocation of citizenship (that being a separate Bill as I understand). So your post suggests, erroneously, that anyone who resides in Australia participating in 'extremist' activities are on temporary visas. Nor does your correspondence correspond to the rhetoric being of the Minister and former Minister of Immigration that the purpose is to send back 'hardened criminals' such as rapists and bikies to their country of nationality, which is also wrong because many SCVs and those of other nationalities in detention under s501, are not all murders, rapists and bikies.

  • nickt1 on 26/10/2015 7:28:21 AM

    The real issue here that has not been reported in the media is that these laws were intended to deal with the growing problem of Muslim extremism with the possibility of many fighters of Australian nationality returning.
    Australia has to be seen to apply these laws evenhandedly otherwise it will be labeled as Racist (again)-Hence this is why Kiwis are being deported.
    Sorry New Zealand its not all about you.

  • eric on 23/10/2015 7:13:50 AM

    Send the kiwi home and keep inviting isis. Way to go Australia.Good thinking.

  • Kiwi col on 21/10/2015 5:01:12 PM

    Well it's great to see things are heating up a bit! There are some fantastic comments coming through which is great to see. I first came to Australia with no passport and over the years I've seen the Kiwi bashing getting worse and worse, i've put up with that in the workforce I've seen it on ACA over the radio now JH 2001 Kiwi bashing trip gone overboard yeah remember him the guy that couldn't apologise to the indigenous people, well you're probably wondering why am still here well the fact is I'm out of here I've had enough anybody want to buy me a one-way ticket?

  • Anne on 21/10/2015 3:39:03 PM

    I have to say that as an Australian Citizen who was born here - this latest paranoid change to our Federal Immigration Legislation is frankly embarrassing and primarily likely to reinforce the "Us vs Them" attitude so seemingly beloved by certain factions of the current Government.

    We love to see ourselves as a nation of fair and equitable people, and imagine that we virtually invented the concept of the "Fair Go". All I can say is that the cognitive dissonance required for the average Australian to believe these and other jingoistic sentiments while the Government elect locks refugees up in appalling conditions offshore in contravention of International Law - and now this(!) applied without regard to mitigating circumstances, must be extraordinary...

    Our reputation as a nation has received enough scorn of late without heartlessly dumping the parents of Australian children who committed ONE offence, of which they were arguably the primary victim in what may as well be, to them, a foreign country. [I refer to two cases where parents spent a little over 12 months in Prison due to a single drug offence - one of whom had been a victim of prolonged Domestic Violence prior to their arrest.] I understand the merit in deporting violent offenders and recidivists no matter what the country stamped on their visa, however, I struggle to find any merit in denying our nearest Commonwealth neighbours the right to appeal deportation. It certainly doesn't ooze the ANZAC Spirit, does it?

    P.S. I believe that Vicki Gray must have her countries of origin confused. As I understand it, it was those from the U.K. who were still more or less instantly entitled to move to Australia and take advantage of our welfare system etc. with the least red tape until most recently.

  • Natasha on 21/10/2015 12:34:44 PM

    Very well said Brian - this is not about whether Australia should or shouldn't deport people - but the blanket, black & white approach being taken. Section 501 of the Act is not new. The issue is with the amendment to s501 - the lowering of the definition of 'substantial criminal record' from 2 years to 12 months and the retrospective aspect of the provision. There needs to be concessions within that provision for historical offences where a person has since committing an offence say 10 plus years ago has not committed a further offence, what that demonstrates is (a) they don't have a propensity for committing crime and (b) they are very much rehabilitated and functioning members of the community. If they've then lived and worked in the community have families and never committed another offence they are not a risk to national security or the community. Unfortunately the former Minister of Immigration and incumbent wish to paint all detainees as hardened criminals - rapists, murderers and bikies ect. No doubt there are those in detention that fit that description, but not, and that's evidenced by the lowering of the definition of substantial criminal record to 12 months. The Act does not require detainment in detention facilities. The Minister actually has the ability to make a Residence Order or issue a Bridging Visa pending any appeal. This would be far more humane, and at a no cost to the taxpayer. As I understand around $450 a day to keep a detainee in detention. Hard to argue against keeping rapists or murders in detention, but someone with several traffic offences the total of which adds up to 12 months (cumulative, consecutive or suspended sentences or combination) or historical conviction, come on!

  • Brian on 21/10/2015 12:12:19 PM

    Jenny, Steve, Louise and others - I don't think anyone here is saying that Kiwis or others should be allowed to stay if they break a law that has deportation as a possible penalty when they break it, but that's NOT what's happening here.

    Instead there are mass deportations threatened against people who committed an offence that DIDN'T have deportation as an option or final outcome at the time they were convicted.

    Almost all of these people have not committed any further offence, and many have since married, had families, developed careers etc on the basis that they were initially told they could stay if they didn't break the law again.

    Now, many years later, they're suddenly being told...too bad, Australia has changed it's mind, and changed the way it decides if you're a person of bad character and you have to leave your husband/wife and family. It's as unfair as a council issuing you a permit to build a two storey house, and then 10 years after it's built they come back to you and tell you it can only be one storey and you have to tear the second storey down.

  • Jenny on 20/10/2015 11:09:36 PM

    I have many great Kiwi friends in Oz, they are everywhere here. I have visited NZ twice, such a beautiful scenic country - why leave it? If a person is sentenced to 12 months gaol then the crime is minor serious cos the law here is so weak. These are people that no-one wants anywhere cos they have not been doing the right thing. So do the crime, do the time, and goodbye!

  • D Marsh on 20/10/2015 8:33:05 PM

    So if you come here as a one year old, with no say, grow up here, and make a mistake and pay for it by doing your time, you can then lose everything you have, family included and be sent to a country you have never knowingly seen, where you know no one for the rest of your life?? even after rehabilitating yourself and never reoffending for years??? WTF?? The compassion in this once great country is completely non-existent!! Locking kids in foreign detention centres, breaking up families because one person made a mistake of which they have already paid their debt for?? Truly astonishing!! My question is Who let you white australians in??? Oh that's right, no one... you sent the Irish and British criminals here and you stood over and killed the original inhabitants and continue to deny them basic human rights, won't recognise them in the constitution, harass the aboriginal people that do make it( the Adam Goodes saga is truly disgusting..shame on you people) steal their children and lock them up in numbers greater than blacks in apartheid South Africa ( actually the highest incarceration rate of any indigenous peoples in the world) tell them how to spend their benefits etc etc etc... And Australia acts all high and mighty and lecture other nations on Human Rights??? What a joke!!! Really?? God forbid any thing happens here that requires Australians to take refuge overseas because not one country will help you.. and why would they?? You don't even look after your own: AFP sending kids to their deaths in Bali, letting people get away with the murder of journalists in East Timor... so gutless it's hard to believe. This country was once great... now it's just selfish and acts like it is someone on the world stage... all I'll say is don't expect US to help you with China if it comes to it as they, the US , are more ruthless than you are.

  • Clayton on 19/10/2015 4:24:41 PM

    Maree W, You're absolutely right. I should have cleaned my act up when I was 1 day old. Now, I must face the music..

  • Brian on 19/10/2015 11:45:30 AM

    I have a Kiwi friend who thought that she might be caught by the new rules, but was unsure because different media outlets have reported the changes in different ways.

    As a totally amateur lawyer, my reading of the main changes is as follows:

    1) If you're a Kiwi currently in jail and you've been sentenced to 12 months or more, you'll be deported as soon as your sentence is finished, without right of appeal. Under the old law you got a Notice of Intention to cancel your visa, and had certain appeal rights.

    2) If you have two or more historic convictions, with total jail sentences of 12 months or more (including suspended sentences), you can now be deported without any right of appeal. It used to be 24 months under the old law, and is the change causing most angst amongst expat kiwis.

    3) If, however, you only had one historic conviction that had a jail sentence of 12 months or more which finished prior to December 2014, and you've previously appealed the intention to cancel your visa, and been successful with that appeal, my reading is that you're probably not up for deportation unless you fall under any of the new areas listed in the changes to the character test, such as people smuggling, and crimes against humanity etc.

    My friends conviction is from the 1990s, and isn't covered by any of the new character test criteria. She appealed the notice to cancel, and it was successful, and signed off at Ministerial level at the time, and she regularly travels in and out of Australia under a RRV which has been automatically renewed every 5 years up till now, so am I correct in assuming that she is likely to be OK under the new laws unless she commits another offence that attracts even 1 day of jail time.

    Perhaps Natasha or some other real lawyer here could comment on my analysis, so that I can properly inform my friend.

  • Jenn Sargent on 19/10/2015 12:08:15 AM

    Wow! If Vicki Gray's rantings is considered professional then that doesn't say much for this article. I doubt if she is even aware of what country or nationality she raves about. She's ill-informed, ignorant and biased. But then again she may be referring to Australians living in New Zealand who receive welfare benefits as opposed to New Zealanders living in Australia who have not been able to access any type of welfare since 2001. New Zealanders who choose to live in Australia HAVE TO WORK there are no special benefits for them. They pay taxes to an Australian Government and contribute to the economy but are denied any form of benefits or assistance if they become ill or unable to work for any other reason.
    Vicky Gray's post does nothing more than amplify the paranoia of what was once a great nation.

  • Maree W on 17/10/2015 9:01:15 PM

    I'm from New Zealand and have been living in Australia since 2006. I have a major concern for some kiwis who are here in Australia. Some take advantage of the kindness and great life style the Aussies have to offer, so they come over to get a new life alright. They become pains in the ass. If they haven't cleaned their shit up before they come over here, what makes them think it going to be a lot better over here for them. Respect and dignity is so lacking in this world, it's very scary actually. Thank-you Australia for giving us respectful kiwis ago. Love it over this side of the ditch. Maree & hubby

  • Clayton on 17/10/2015 9:28:56 AM

    I lived in Australia since I was only days old. I'd never been out of the Country.

    I went to school in Australia, Had my first girlfriend there, had a son there and I still get mistaken for an Australian over here due to my accent.

    I did 2 years in prison for having an argument with an old friend that got violent. I was the only one who was hurt but it was in his house and he chose to lie when I didn't see any benefit in not telling the truth. Anyway, I served my time and I probably deserved that.

    I was amongst the first people to be deported under the new legislation. I was lucky to only do a day in Immigration detention however, I did spend 2 extra days in Prison than my sentence allowed.

    I was deported in 2001. I still have an Australian accent. I was dropped off in Auckland with less than $40 which I earned in prison and left to my own devices. I had no friends or family in New Zealand and I even left a 2 yo son in Australia who I still haven't seen since to this day.

    It's a long winded story that brings me to this point that I'm to now but these days, I own and run a successful business (the first of it's kind in New Zealand), I own a house, boat, many vehicles plus, I have a wife and 5 kids.

    The NZ Police don't know me at all. A few do but they are just friends. If I was to tell them of my past, they'd think that I was taking the mickey.

    I've tried getting back to Australia many times. I couldn't even attend my Father's funeral 6 years ago.

    Naturally, I now have a home and life here in New Zealand that I have worked for and earned through blood, sweat, tears and a bit of depression in the early years but it would be nice to go back for a holiday to see my Mum, meet my Sister's daughters or track down my son.

    I don't even have to work over there. My business here would provide more than enough money for me to live on whilst I'm there for a week or 2.

    Oh well, the reality is that I'm a New Zealander from birth and therefore, not welcome in Australia.

  • Kiwi col on 14/10/2015 1:18:36 PM

    Hi I do agree with Bob my last submission was a little bit hasty without doing any research. I have to admit this is a big wake up call for all the no-hopers that have come over here to get there act together, I think my main concern was the way the Australian immigration department went about it I think it didn't need to go to the extent it has, i'm pretty sure that the Australians that have been deported from New Zealand are allowed to reapply after five years, it's just a real shame that all immigrants should be on a temporary Visa so they can get deported as well now that would be great wouldn't it just think you wouldn't have to build so many jails at the moment there is a boom on building jails

  • Bob on 13/10/2015 11:04:52 PM

    Good riddance to any criminal of any foreign citezenship that commits indictable offences in a country that they are a guest in.

    However I don't think they should be detained whilst they appeal against deportation - if they are not in fear for their lives then they should be deported upon completing the jail sentence, and no parole period should apply - they should serve 100% of the jail term - unless their own country agrees to bind them to the courts conditions of release.

    Their visa has been cancelled - as is our sovereign right - reapply for entry from their own country.

  • Natasha on 12/10/2015 11:52:52 AM

    I'm sorry for your loss Sue, and you're right these laws affect Australians too. Kiwi Col I agree with the sentiments of what you are saying believe me, but just to be clear New Zealand is a nationality. There are other nationalities on temp visas but Australia didn't sign the TTTA with 'other countries', it signed it with New Zealand. The fundamental issue here is the lack of reciprocity accorded to New Zealanders' in Australia under the TTTA. Australians' in New Zealand get automatic permanent residence on arrival, the ability to vote after 1 year and eligibility for student loans/allowances after 3 years and Defence Force entry. Unfortunately because people don't understand the nature of the TTTA and CER and the other myriad of trans-Tasman agreements in place, they're too quick to judge. Unfortunately NZ citizens long term resident in Australia are getting caught out by s501 many who have lived here since childhood and who are for all intents and purposes Australian. And for non-protected SVC's no, its not simply a case of 'apply for citizenship' the SCV is a temporary visa, a person must hold a permanent visa to apply inter alia.

  • kiwi Col on 10/10/2015 6:09:02 PM

    all New Zealanders are on tempery visas the only race of people in the world to come to oz like this, every kiwi that came here after 2001,say about 250,000 have ALL got jobs because they are not alowed to aply for the dole,they can't vote there are lots of things the kiwi misses out on, again the only race of people in the world being treated like this. they have paid apox $14 millon in taxes for things they are unable to acess, do you think that is a "fair go" Kiwis helped oz grow with the free skilled labour that imployers have loved for at least 50 years (fly in start work) and this is how we are treated now! get off your big white horse Austraila! we are not going to start deporting ozes via detention centres, we would'nt stoop that low!

  • Sue on 10/10/2015 10:28:26 AM

    This is a heartless law, made by people who were brought up in nice homes, with nice parents and have led nice sheltered lives. Lucky them!! My husband committed suicide earlier this year. He was in a bad was due to ongoing health problems, but a week after we learnt about this law change - he took his own life. These laws don't just affect the kiwi's involved, they also affect their families - I have elderly parents, am an only child and my children's only support. I work as did my husband until recently. He'd been here 36 years and had done his time for his crime 20+ years ago and already lost one wife and home etc. when he went away. New Zealanders just assumed that Australia and New Zealand had a good relationship. It is the suddenness of the removal while you put your case together that is the harshest. It is all so unfair.

  • Aussie bloke on 8/10/2015 7:03:31 AM

    Send all these shifty snakes home and we will be better off

  • Natasha on 7/10/2015 1:14:06 PM

    It includes suspended sentences Tara, that along with retrospective aspect of the December 2014 amendment, make s501 so morally repugnant.

  • Vicki Gray on 7/10/2015 4:38:07 AM

    RIDICULOUS. i am very upset about our country being invaded by bad people PLUS our taxes paying for it. They are rude, arrogant, ungrateful, demanding, threatening, violent and they follow an evil religion, which allows/makes them commit these acts and be heros in their eyes. None of them look like they are in danger, they are freeloaders. Wow, get to go to Australia all expenses paid, housed fed, education, money for each baby born. FOR FREE. They expect us to change things to suit their culture but not the other way round.

    I AM DISGUSTED ENOUGH AND NOW I READ THIS!!!! What the hell is going on.

    The govt has ruined this country, our lifestyle, good wages, safety, welfare, health and more have all been jeopardised and they have made us the minority, to allow us to be taken over by very bad people with no morals and religious reasons to commit mass murders. So if a New Zealand person has been here for 10 20 30 years, regardless of his circumstance, what? just send them home and bring in these lying freeloaders

  • Tara on 6/10/2015 4:24:06 PM

    Does that include a suspended sentence or just if you have served time in jail?

  • Natasha on 30/09/2015 11:56:30 AM

    New Zealand and Australia do have a special relationship whether you like it not - from ANZAC, TTTA and CER. Unlike Australia, New Zealand has not eroded the reciprocal rights of Australians permantley residing in New Zealand under the TTTA. Australia would be the first to jump up and down if New Zealand was doing this to its citizens. But there is a bigger picture here, and that is the very draconian nature of section 501 of the Migration Act 1958 (Cth) the visa cancelation provision. (a) its retrospective, (b) the definition of 'substantial criminal ties' has been reduced from 2 yrs to 12 months includes, consecutive, cumulative and/or sentences and (c) in relation to s501 (3) there is not right to seek judicial review of the Minister decision which is antithetical to the rules of Natural Justice. Australia as a sovereign nation has the right to deport unlawful non-citizens, but the issue is the manner in which its being done (keeping people in detention centres for months) and the fact there is no scope in the s501 to deal with New Zealanders' who are long term residents of Australia with 15 or 20 plus years of living in Australia. As the Criminal Bar Association has said, for those that came here as children/youth they are products of Australia and therefore Australia's responsibility.

  • Louise Steer on 29/09/2015 4:18:05 PM

    Being deported to NZ is hardly the same as being deported to a war torn country, for example. It's not as if they can't speak the language. NZ is a beautiful country with a stable government and a peaceful way of life. It may not be as wealthy as Australia but it has opportunities for those who want them. NZ long ago was offered the chance to join Australia as the 7th state and chose to remain independent. The price of independence is to be treated as such by other countries. It's not a fate to be dreaded!

  • Stephen on 29/09/2015 3:50:53 PM

    I don't understand the issue, how is NZ different from anywhere else? Send them back if that's part of the law, maybe that will show up the problems with such legislation.

  • Kate on 6/11/2015 10:06:07 AM

    I am completely shocked at the sheer callousness of many of the comments here. Section 501 shows a complete lack of respect for the judicial system already in place. I firmly believe that the punishment should fit the crime. The people being deported have already been tried, sentenced and have served their time. Our legal system is thorough and demands that people are tried on a case-by-case basis, yet the immigration minister has the power to simply deport someone without even looking at their circumstances. Many of these people had done their time, found jobs, had integrated back into society, when they were suddenly informed that their visas would be revoked.

    To send someone to jail uproots the lives of the criminal and their families, and sentencing is determined by a thorough system according to the person's crime and their circumstances. To deport someone back to a country they may not have lived in since they were a child is much more disrupting to their lives, yet it is determined by a law that blankets everyone who has served at least 12 months of a sentence (including suspended sentences - there is someone on Christmas Island who is there over receiving a 12 month suspended sentence for driving without a licence, no joke). Additionally, the decision to revoke someone's visa is not determined by a judge, or anyone with such experience for that matter - it is determined by the immigration minister who has not so much as studied law.

    Essentially, this new law absolutely s***s on the system already in place. It denies these people a fair trial. It imposes a second sentence on top of a sentence they have ALREADY served. It disrupts the lives of their families who are either denied that person in their lives, or have to move country with them. If you have lived in Australia since you were a child, you think like an Australian; you ARE Australian regardless of your citizenship status.

    Despite what Mr Dutton seems to think, many of these people are beneficial to our society; many were working, paying tax (and not getting the same services that citizens are entitled to), and living normal lives. Of course, they are a huge part of their families' lives, and being pulled away so suddenly is detrimental to these families and friends. Not all people that have served time in jail are horrendous sex offenders and murderers. They may have made a mistake, and they were punished according to what that mistake was. That is the purpose of a fair trial. This law is not only spitting in the face of the person whose visa was revoked, but also the judicial system.

    I hope that someone else can see the ridiculousness of revoking a visa without even considering a person's circumstances and the fact that they have already been punished.

    To be clear, I am not defending the crimes that have been committed; I am pointing out the grave injustice that is currently being committed by the immigration department.

  • Amanda on 15/02/2016 7:44:48 AM

    Hello I need to know something my partner is currently in jail he is serving 3 months with a parole date on the 21st of next month is there a chance of him getting deported back to NZ; he is the provider of our family, it's a real struggle atm since he has been in so I'm wondering if he is getting deported or not? Serving only 3 months for breaching DVO with parole for 9 months

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