Callous, cruel Australian policy

Australia's policies on deporting residents with criminal records or suspected of  "bad character" are harsh, cruel and unfair. 

But they pander to Australian voters and New Zealand has little choice but to live with them.

The policies are already costing New Zealand taxpayers many millions, and all the costs are likely to add up to far more than the $120million within six years the police have estimated.

At the same time, life and society in this country are degraded when many of these criminals are landed here.

There will be those who will integrate well in New Zealand, as well as some for whom a fresh start might be helpful. 

But there will also be many failures.

About 1000 "New Zealanders" were expected to be ditched from across the Tasman and dumped in New Zealand following the change in Australian legislation in December 2014. 

Until the end of last month the number was 513, and 140 had already been before the courts.

It is fair enough for Australia to deport "New Zealanders" convicted of serious crimes.

That  process goes on everywhere, including from this country, although the rules here are less arbitrary or punitive and are staggered to take into account time spent living here. 

In fact,  if Australians have been resident here for more than 10 years, they cannot be deported for criminal offending.

As well,  deportation decisions can be appealed to an independent tribunal. 

Further, unless they are in jail, deportees are not detained while awaiting final adjudication.

Surely someone who has lived in another place for a long time and put down roots there becomes that country’s problem? 

New Zealand is entitled to feel aggrieved at the unjustness of the dumping of  those who have lived most of  their life in Australia. 

While they might not have citizenship, they are in effect "Australians", with Australian accents, interests, family and friends.

Even before the law was broadened in 2014,  the policy could be callous. 

In one classic 2004 instance,  a 26-year-old woman who had lived in Australia since the age of 1 and who had no links  with New Zealand was deported.

While it is all very well to claim long-term residents and their children formally should have become Australian citizens, the process is expensive and difficult.

It also fails to take into account the natural human tendency for such action to be ignored or put off.

A case before the Dunedin District Court this week illustrates difficulties and challenges.

An Australian-raised man, Andre Bishop (28), originally from Southland, was sent back to New Zealand in November after spending six months on Christmas Island.

Four months later he had committed a violent attack on his then girlfriend in her Dunedin home.

On Christmas Island he had warned this country would be in for a "rude awakening" as expat Kiwis were returned without any supervision, many like him who had not lived in New Zealand since childhood.

His parents, siblings, partner and daughter all live in Australia and he was sent to Invercargill where he had not been since he was 9 and where grandparents lived.

As Judge Michael Crosbie said at sentencing, the Australian policy was focused on returning offenders and not on any notion of reintegration and rehabilitation. 

In contrast, New Zealand had moved swiftly to try to provide support for offenders and protection for the community, although there are claims the response has not been enough.

The policy of being tough on refugees, migrants and even those who have lived most of their lives in Australia has played well with the public. 

That is an indictment on them, as well as being ironic, given that country’s convict origins and migrant history.

There is, unfortunately, little New Zealand can do to change the policies.

Even attempts at shaming Australians have  not worked. 

This country just has to do its best to support the "Australians" and New Zealanders ejected from Australia.

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