Key Takeaways
- A 28‑year‑old father of two, who arrived in New Zealand as a child refugee and later moved to Australia, has lost his appeal against visa cancellation and will be deported to New Zealand under section 501.
- The Administrative Review Tribunal upheld the cancellation primarily because the man failed the “good character” test, citing more than 20 criminal convictions, including fraud, aggravated burglary, assault, theft and multiple drink‑drive offences.
- His sister testified that he is unlikely to survive deportation and has said he would take his own life if forced to return to New Zealand.
- Although the tribunal acknowledged the psychological impact on his wife and children, it concluded that his wife could explore visa options in New Zealand and therefore did not grant a exemption.
- The man is now an unlawful non‑citizen and is to be removed “as soon as reasonably practicable”; NZME has sought comment from his lawyer, and the story was reported by Open Justice reporter Tracy Neal.
Background and Deportation Decision
The 28‑year‑old man, a father of two, has been ordered to leave Australia and be sent to New Zealand after the Administrative Review Tribunal affirmed a decision to cancel his visa. The cancellation renders him an unlawful non‑citizen, requiring his removal “as soon as reasonably practicable.” The case has attracted media attention because of the man’s refugee background and the serious personal consequences his deportation could entail for his family.
Refugee Origins and Lack of Ties to New Zealand
According to the tribunal’s decision, the man arrived in New Zealand at age 4 with his parents from an East African nation. His family relocated to Australia in 2010 when he was 12, and he has since lived and worked exclusively in Australia. He possesses no friends, family, or social contacts in New Zealand and has never resided there as an adult, a fact highlighted by his sister during the hearing.
Sister’s Testimony on Survival Risk
The man’s sister gave evidence that he is unlikely to survive deportation to New Zealand. She stated that he had told her he would take his own life if ordered to return, underscoring the severe psychological distress he associates with being sent back to a country where he has no support network. Her testimony was a central element of the family’s argument against removal.
Tribunal’s Good Character Assessment
The tribunal emphasized Australia’s low tolerance for criminal conduct among visa holders and applicants. It found that the man failed the “good character” test, which is a pivotal criterion under section 501 of the Migration Act. The decision to cancel his visa was therefore affirmed, with the tribunal concluding that his criminal history outweighed any humanitarian considerations.
Details of Criminal Behaviour
After moving to Australia, the man accumulated more than 20 convictions related to driving, dishonesty, burglary and violence. In December 2019 he received a sentence exceeding four years for offences including fraud, aggravated burglary, common assault and theft. Released on parole months later, he subsequently committed three drink‑drive offences, further undermining his character assessment.
Influence of Gang and Claims of Rehabilitation
The man attributed his offending to the influence of a gang he associated with during his teenage years and to the ease of falling in with “the wrong people.” He claimed to have since left that lifestyle behind, presenting himself as rehabilitated. However, the tribunal gave limited weight to these assertions, focusing instead on the pattern and severity of his offences.
Travel to Africa, Marriage and Non‑Disclosure of Offending
In 2016 he returned to Africa with his father to meet a prospective wife, whom he married in 2023. His wife arrived in Australia after he returned there in September 2023, intending to build a new life together. On both incoming passenger cards he failed to disclose his criminal history; he explained that the first time his father, who does not speak English, had a friend complete the form, and the second time he deliberately omitted the information fearing deportation if his offending were revealed.
Wife’s Hardship Claims and Family Support
The man argued that his removal would leave his wife in a precarious position, stating she would “have a hard time without him” and might divorce him to find another husband. His wife testified that she came to Australia solely to be with him and that, without his support, she would struggle to survive or care for their two children. The man’s sister said the family was financially assisting the wife and children while he was detained, noting an outstanding $8 000 hospital bill for their second daughter’s birth and an unregistered car to avoid registration costs that can exceed $1 000 annually in Australia.
Tribunal’s Considerations, Visa Options for Wife and Final Decision
While the tribunal accepted that the man’s removal would cause psychological hardship for his wife, children and extended family, it held that his wife was “not prevented from exploring her visa options in New Zealand.” A multi‑page decision weighed five primary considerations and four additional factors before exercising its discretionary power to cancel the visa. The affirmation of the cancellation makes the man an unlawful non‑citizen, and he is to be removed “as soon as reasonably practicable.” NZME approached his Western Australian lawyer for comment, and the story was reported by Open Justice reporter Tracy Neal.