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Australian courts overturn deportation order against man who had never set foot in New Zealand. Last updated 14:07, August 3 2018 Alex Viane was facing deportation to New Zealand, but he's never set foot here before. An Australian criminal set to be deported to New Zealand despite never having set foot here, has won a legal battle to remain in Australia. Alex Viane, 40, has been held in Sydney's Villawood Detention Centre since Australia's minister for Immigration and Border Protection, Peter Dutton, cancelled his visa in July last year. In February, Viane lodged a notice of appeal to stop him being sent to New Zealand against his will. He argued that Dutton had denied him procedural fairness by failing to consider the effects of his forced relocation on his partner and daughter. In a decision at the Federal Court of Australia in New South Wales on Thursday, Justices John Reeves, Darryl Rangiah and Craig Colvin allowed Viane's appeal. It also ordered the Minister to pay the costs of Viane's appeal.

Viane was born in American Samoa and has lived in Australia for more than 25 years. Australian immigration officials forced to backtrack on plan to deport criminal Adam Carey to New Zealand. Australian authorities tried to send to New Zealand a criminal who was born here only because his pregnant Australian mother became ill during a visit and gave birth. Adam Carey, now 49, has a string of criminal convictions including drug-trafficking and having sex with a minor, a 15-year-old girl he injected with methamphetamine. Carey, who has New Zealand citizenship by dint of his mother's accidentally delayed visit to New Zealand, is an Australian citizen in all but name, according to the Australian Administrative Tribunal (AAT).

Despite being automatically entitled to Australian citizenship through earlier legislation, his application was turned down in 2017. The tribunal has now overturned that decision and sent Carey's application to Immigration Minister Peter Dutton for reconsideration. Dutton did not respond to requests for comment. The AAT said in its decision that Carey spent four months in New Zealand as a baby in 1969. He was jailed in 2002 for trafficking drugs. Australia, New Zealand in a duel over deportations. Don’t Call Australia Home! - Foreign Correspondent. PETER FITZSIMONS: “Gidday, I’m Peter Fitzsimons. Two hundred and a bitty years ago Great Britain got rid of huge chunks of its great unwashed by sending them to the great southern land. Those poor bastards were transported for big crimes, little crimes, even such putrid political crimes as espousing republicanism. These days Australia itself has become a major playing in casting people off into exile.

I’ve come across the ditch to meet some of these modern-day exiles, sent from Australia, some of them in chains, some of them transported for life – all of them told by the Turnbull government, don’t call Australia home. As a matter of fact, don’t even call us again”. Auckland is where most exiles trickle in, and for those sent back here against their will, it’s strictly a backdoor arrival. SHAUN WYNYARD: “I’m nervous, I’m a little bit scared about starting a new life here after 20 years”. SHAUN WYNYARD: “I mean I haven’t got words for it. SHAUN WYNYARD: [to receptionist] “A $150 you reckon?” ABC’s investigation of NZ deportation faces major backlash. THE ABC has been slammed by Australian politicians over its Foreign Correspondent program which investigated why the country is “detaining, cuffing and deporting more New Zealanders than any other group”.

Journalist and former Wallaby Peter FitzSimons, who was the guest reporter on Tuesday’s night’s program, had gone to New Zealand to see how deportation had affected the relations between the two countries. More than 1300 Kiwis have been deported from Australia — for committing crimes or being found to be of bad character — in the past three years, with another 15,000 set to be sent back over the next decade. However it copped major backlash from Coalition ministers who say it failed to interview any victims. “I watched the entire program, and I have to say I felt the ABC program did not consider the impact on victims,” Assistant Home Affairs Minister Alex Hawke told Sky News.

“There wasn’t a victim on the show, and what we’re talking about is serious criminal offences. New Zealand sexual predator is allowed to stay in Australia. A convicted drug trafficker and sex predator who injected ice into a teenage girl who he was having a sexual relationship with has avoided deportation because of his 'good character'. Adam Carey, 49, who lives in Queensland but was born in New Zealand, won the right to Australian citizenship in a case in the Administrative Appeals Tribunal (AAT) in June.

He has 39 criminal convictions to his name and was jailed for trafficking drugs in 2002, before he received another prison term for having sex with a 15-year-old girl. Home Affairs Minister Peter Dutton in 2016 rejected Carey's application for citizenship on character grounds, but the AAT reversed that decision last month. A convicted drug trafficker and sex predator who injected a teenage girl with ice and had a sexual relationship with her has avoided deportation because of his 'good character' (stock) In a ruling published Tuesday, the tribunal found Carey's 'past offences do not preclude a finding of current good character'. Two Kiwis a day have visas cancelled in crime crackdown.

Almost two New Zealanders a day are having their visas cancelled as part of a crackdown on foreigners with criminal records living in Australia. Hundreds of Kiwi criminals have been sent home since laws were changed in December 2014, with the visas of 664 cancelled in just the last financial year. Killers, bikies and members of street gangs are among the more than 3000 non-citizens to have had their visas revoked over the past three years, according to the Courier-Mail. Finks sergeant-at-arms Jesse Johnston has been deported due to his bike gang membership Senior Rebels bikie Aaron 'AJ' Graham, 50, was deported from Australia to his native New Zealand after his visa was cancelled for a third time amid an immigration crackdown Shane Martin (pictured), father of AFL star Dustin Martin, has been deported to New Zealand A spokesperson from the Department of Immigration and Border Protection could not give Daily Mail Australia the precise reasoning Jesse Johnston (pictured) was exiled Loaded: 0%

Meet the jailed, ice-addicted wife basher and the Rebels bikie deported back to New Zealand. A Rebels bikie and an ice-addled wife basher are among the 1,300 Kiwis who have been deported back to New Zealand during the past three years. Ko Haapu and Shaun Wynyard have spoken out about being sent packing by Home Affairs Minister Peter Dutton, sparking diplomatic tensions with Australia's near neighbour.

Haapu, a former New Zealand solider who served in Afghanistan and fought against the Taliban, later moved to Perth and joined the Rebels outlaw bikie gang. Scroll down for video A Rebels bikie and an ice-addled wife basher are among the 1,300 Kiwis who have been deported back to New Zealand during the past three years Ko Haapu (pictured left with Peter FitzSimons), is a former New Zealand solider who served in Afghanistan. He was deported from Australia for being involved in Perth with the Rebels Despite that, the man who was engaged to an Australian woman, making him a stepfather, had no regrets about joining the Rebels for their 'camaraderie'. 'F*** the police,' he said.

Loaded: 0% 'Dangerous' New Zealand boy is allowed to STAY in Australia. A New Zealand boy with a dangerous criminal history has been spared deportation from Australia. The 17-year-old boy, who had lived in New South Wales since he was nine, was ordered out of the country by Home Affairs Minister Peter Dutton. The juvenile, however, will be spared being put on a plane across the Tasman Sea after the Administrative Appeals Tribunal on Monday ruled he could stay in Australia.

Scroll down for video A New Zealand boy with a dangerous criminal history has been spared deportation from Australia (stock image) The 17-year-old boy, who had lived in New South Wales since he was nine, was ordered out of the country by Home Affairs Minister Peter Dutton (pictured) The boy, who had been locked up in immigration detention in Melbourne since March, has now moved back to New South Wales to live with his grandparents, aunties and uncles. 'He was super pleased to be able to get home and see his family,' she told Daily Mail Australia today. 'For me, it was lovely to meet him.

Deporting NZ teen released from Australian detention would set dangerous precedent - advocacy group. A group advocating for New Zealanders' rights in Australia says it would set a dangerous precedent if the Home Affairs Minister decides to deport a 17-year-old just released from detention. Australia's Immigration Minister Peter Dutton. Source: 1 NEWS The teenager has been able to get his visa back after four months in a detention centre, but that decision may now be overturned by the minister in charge of immigration, Peter Dutton.

He had been in an adult detention centre, which has been compared to a maximum security prison in New Zealand. Prison bars It's understood he was returning to family in Sydney from Melbourne, where he was detained at a transit immigration centre, over non-violent offending. Advocacy group Oz Kiwi is welcoming the teenager's release, but its chairman Timothy Gassin said he was concerned about Peter Dutton's threats to deport New Zealanders in similar situations. "We hope there will be some recommendations, that it will achieve a fairer process. " Aussies get tough on Kiwi convicts. Hundreds of Australian-based Kiwi criminals could soon be walking free on our streets, unhindered by normal parole restrictions, thanks to a hardline deportation drive by Australian immigration authorities . The uncompromising tactics come during a wave of anti-Kiwi sentiment following the arrest of fraudster Joel Morehu-Barlow for embezzling A$16 million ($21m) from Queensland taxpayers.

The Australians were not aware of his previous Kiwi fraud convictions. Offenders who have served lengthy jail sentences here are ticking a box on the Australian arrival card to say they have no criminal history and getting entry under the preferential arrangement that allows freer transtasman travel. The two countries are in talks over better information-sharing, but in the meantime Australia is taking a hard line on those who haven't told the truth about their background. New Zealand could also end up taking people with no family ties here. Joseph Williams Former Mongrel Mob member left NZ in 2005. New Zealand ministers criticise Australia's deportation laws. Updated about 2 hours agoTue 17 Jul 2018, 1:01am Two senior New Zealand ministers have taken a brickbat to Australia, calling the politics of deportations "venal" and warning the issue is straining relations between the two countries. Key points: In the past three years 1,300 Kiwis have been deported to New ZealandIn the same time, New Zealand has sent back nine Australian citizensPeter Dutton says the deportation is not in breach of human rights The criticism comes in the wake of a steep rise in deportations of Kiwis since the passage of laws in 2014 that allowed deportation of long-term Australian residents, who are not citizens, on the grounds of "character", as well as those who have been sentenced to prison for 12 months or more.

"Many are being sent back here with no real connections, no real networks, no real support," New Zealand Justice Minister Andrew Little said. "Look, it might suit Aussie politics, and it seems to me that there is a venal, political strain to all this. TV programme investigates why more Kiwis are deported from Australia than any other group. Australia's Foreign Correspondent programme investigates why more than 1300 Kiwis have been deported from Australia in the past three years, writes Shireen Khalil "We don't want you here, the broader community doesn't want you here. " That was the message from an Australian Federal Police superintendent to motorcycle club members when a notorious New Zealand-born bikie was arrested for his bikie links in 2015.

The visa of Aaron Joe Thomas Graham was cancelled and he was set to be deported back to New Zealand. The situation has become a familiar one in recent years. More than 1300 Kiwis have been deported from Australia in the past three years, with another 15,000 set to be sent back over the next decade. In the episode of Foreign Correspondent, journalist and former Wallaby Peter FitzSimons goes to New Zealand to see how deportation has affected the relations between the two countries. In the programme titled "Don't call Australia home! " "It doesn't matter who we're talking about. Australia deporting criminal to New Zealand who has never set foot there - Oz Kiwi.

Prime Minister Jacinda Ardern said last month that Australia should only be deporting criminals with genuine links to New Zealand. 14 January 2018 Australia will deport a convicted criminal to New Zealand who has never set foot on our shores. It comes after Prime Minister Jacinda Ardern said last month Australia should only be deporting New Zealand-born criminals who still have genuine links to New Zealand. Alex Viane, 40, was born in American Samoa and became a New Zealand citizen as a child, but never entered the country. Helen Murphy, of Prisoners’ Aid and Rehabilitation Society (PARS), says deportees are having their “whole history wiped out. He went to Australia as a teenager on a temporary visa, and over a span of 25 years was convicted, and in some cases jailed, for several crimes.

In July last year, Australia’s minister for Immigration and Border Protection, Peter Dutton, cancelled Viane’s visa on character grounds. “I have no family or supportive networks in New Zealand. Related. Deportations: Concern over review of Australian Administrative Appeals Tribunal powers. How a rugby boy, 17, 'fell into the wrong crowd' and sparked Australia, New Zealand clash. A teenager who played rugby and fell in with the wrong crowd has sparked a diplomatic rift between Australia and its closest neighbour New Zealand. The 17-year-old boy was sentenced to juvenile detention in New South Wales last year for a minor, summary offence. This youth, who moved to Australia when he was nine, faces being deported back to New Zealand, after Home Affairs Minister Peter Dutton deemed him to be a public safety threat under a section of the Migration Act normally reserved for bikies and terror suspects.

In a first for Australia, Section 116 of the law is being used against a child. A teenager who played rugby and fell in with the wrong crowd has sparked a diplomatic rift between Australia and its closest neighbour New Zealand (stock image) New Zealand's Acting Prime Minister Winston Peters has angrily accused Australia of breaching its U.N. obligations as a signatory to the Convention on the Rights of the Child 'They are clearly in breach of it. 'He's not a not a bad kid. If-we-love-the-anzac-spirit-why-are-we-deporting-new-zealanders-20180409-p4z8kj. Unwelcome visitors: Challenges faced by people visiting immigration detention - Australia. New research sheds light on growing barriers to visiting detention Introduction In recent years, people who visit immigration detention have expressed concerns about changes to rules and practices that have limited access for people visiting in detention.

The Refugee Council of Australia (RCOA), through its Detention Research Project, has interviewed visitors from across Australia to identify and record those challenges, and to make recommendations for addressing them. This report also records the significant role people who visit immigration detention make to those in detention. Executive summary Every day, ordinary Australians visit people detained in Australia’s onshore immigration detention facilities.

It is not easy to visit people in immigration detention, to hear their stories and to speak up for those who are the victims of Australia’s current punitive approach to people seeking asylum. These concerns led us to conduct a national study to explore these issues further. Immigration centre mobile phone ban overturned. Asylum seekers detained in Australia can keep phones for now, court rules | Australia news. Junk Explained: Why Is Australia Is Locking Up Record Numbers Of New Zealanders? - Junkee. Migration Amendment (Character and General Visa Cancellation) Bill 2014. Key visa cancellation statistics. Fact Sheet - The Character Requirement. Serco Guide by Leigh Josey. Sub 42. Key-Turnbull: How to get out from under the detention centre shadow | Pundit. NZ bikie has visa cancelled again. Section-501-visa-cancellation-actions-by-minister. Section-501-visa-cancellation-actions-by-minister. How your Criminal Convictions can affect your Visa Application - Migration Downunder.

In Prison and had your visa cancelled? - Legal Aid NSW. Visa Cancellation Kit & Information — Iwi n Aus. A forced “homecoming” tragedy: Stop the deportation of New Zealanders from Australia! Key-Turnbull: How to get out from under the detention centre shadow | Pundit. Character Issues or Convicted of a Criminal Offence | CMN Immigration Lawyers Australia. Ease-a visa cancellation | Diamond Conway Lawyers. Flood of Kiwi criminals expected to return home. Deporting Non-Citizens Who Commit Crimes. Visa Cancellation Criminal Conviction Character Grounds - Boyd Migration & Legal. Manning Lawyers – Providing Quality, Cost Effective Legal Services – Status if an Australian Visa is cancelled. No Cookies | Daily Telegraph. No Cookies | Daily Telegraph.