RSS Feed

Dawn raids, detention and deportation: the new Australian dream.

It’s hard to soften and cool the little hot knot of rage that has been living in my chest for the past few days. As a child of a trans-Tasman whānau I, or any member of my family could have been caught up in the new harsh visa rules that are now likely to see Australia corral and deport up to 5000 New Zealanders if not more back to this country. Young people who have never truly known any life other than an Australian life, who have made some significant but not necessarily irreparable mistakes, are killing themselves, or trying to kill themselves, to avoid being detained and deported to a strange land where nothing makes sense anymore. That’s what you do when you lose hope, and lose the meaningful connections that hold people, and their mental health, together.

It’s easy enough to take the once-over-lightly view (and I have plenty of Aussie whānau likely to take this tack too)..these current and present deportees have committed crimes, and have been sentenced to be detained for at least a year at Her Majesty’s pleasure. And yes, I can see, in some of these cases, that deportation is at least justifiable, even if not just or fair in the overall context of the Australia/New Zealand relationship. Those who have committed serious crimes, spent years inside, proved more than a passing irritation to Australian society. Sure, I get that. New Zealand has sentenced Mandeep Singh to 12 years imprisonment for murder of his wife Parmita Rani. At the conclusion of his sentence he will be deported back to his home country. Fine by me. Sometimes your own actions can revoke your right to be in a country not originally your own.

There will be several, maybe even scores or hundreds of New Zealanders like Mandeep Singh. We created those people, we raised them, they are our problems, and maybe even our monsters. Send them back here, and let’s suck it up.

But the tightening of the visa rules under the Migration Act 1958 late last year have introduced changes that, at first glance, probably look minor, but are clearly having major effects on people that are to all intents and purposes Australian-made.

Lowered Threshold

So to clarify exactly what the problem is, and what the law now says: at issue is whether the person with the visa has breached the character test requirements of the visa.  It is now deemed to be a ‘breach of character’ to have a ‘substantial criminal record’. Here’s what the changes mean:

  • Prior to December last year, a ‘substantial criminal record’ meant being sentenced to at least 2 years in jail. That limit is now 12 months (and note: sentenced not served)
  • Further: no account is taken of cumulative sentences. If you have been sentenced to 2 x 6 month sentences to be served concurrently, that now counts as 12 months (prior to December last year, it would have counted for 6 months total.
  • A suspended sentence of twelve months also counts.

This lowering of the threshold is a widening of the net. Here’s the thing. I know people in my own family who have driven while disqualified. I’m not sure if they know, but the penalty for a first offence is often up to 6 months imprisonment (varying by state). Subsequent offences might carry up to two years. So, having lived in Australia for all your remembered life, be bloody stupid 10 years ago and having racked up a couple of DWD offences, maybe an EBA, get sentenced 6 months on 2 cumulative sentences, serve two..and BOOM. You can now expect a knock at your door at 3.30am in the morning. A pre-“dawn raid”, then.  Say goodbye to the kids. And your husband, and your job and everything you’ve ever known of the life you now live. Sound extreme? OK, make it petty theft then.

Gee, that’s fair.

And what gets me is how this disproportionately affects New Zealanders. There has been an unexpected surge in numbers since December of NZers having their visas cancelled, and now NZers are 2nd largest group in detention in Australia behind Iranians. Let me take a moment there…Shet. DETENTION. I never imagined I’d be writing about NZers in Australian detention camps. It had quite literally never occurred to me. And I get too, that NZers are not the only ones to be suffering now at the hands of Australian authorities; the plight of detainees on Nauru is not any less shocking. This is not an appeal to difference on NZers being somehow better than or more worthy of compassion than other groups. But the position of New Zealanders is quantifiably different in ways that makes this whole situation feel like a betrayal.

Disproportionate effect on whānau

Why does this development disproportionately affect New Zealanders? Well, other than the sheer numbers of New Zealanders in Australia at any given time, New Zealanders and Māori New Zealanders are not that likely to take out Australian citizenship. My father, who lived in Australia from 1970 until his death a couple of years back never did. Neither have most of the rest of my family. They have no intention of ever living in NZ, they are Australian, either by birth or by choice and by sheer weight of years and culture, but their connection to our whakapapa may be what keeps them from seeking citizenship, some loyalty to the idea of the whenua, even is only in the abstract.

In 1973 our two prime-ministers concluded a handshake deal that led to the Trans-Tasman Travel Arrangement..not a creature of statute, not an “international treaty”, but an understanding about the special relationship the two countries have shared for many decades. It is directly as a result of that relationship New Zealanders are less likely than any other immigrant group to take up citizenship. And now, more likely than almost all other groups to suffer detention. Talk about a set up.

And more…Māori are even less likely to take up Australian citizenship, for a host of reasons, and Māori are, as Paul Hamer says, at greater consequential risk of disenfranchisement within Australia than just about any other group. They are less likely to have resident visas, less likely to have the right combination of skills required for them to become permanent visa holders, therefore there is no path to citizenship, no social security support if it all goes pear-shaped, and their kids in turn, are also less likely to become citizens, and, maybe (as a result of that fragility and disengagement) at higher risk of committing low level crime, you know, the kind that gets you cumulative sentences of three or six months..

So it seems to me that our Mozzie whānau are more likely, as a consequence of all these factors coalescing into a grim pathway, to get that 3.30am knock. Time will tell if this is right.

So my whānau may be at higher risk of suffering for past bad decisions than other families might be, and not because they have acted so much worse than other people, but because of their deteriorating status, that they may not even be aware of.

Social Covenant?

There are hundreds of thousands of New Zealanders in Australia making that country a better place. What the hell are they now? Vermin to be quarantined and eradicated to score political points? I know that when we talk about the social contract we usually mean the contract between a state and its citizens. I think there has been a kind of social contract or covenant between Australia and New Zealand by virtue of custom. At some point, New Zealanders form some kind of agreement with the Australian state to form the society in which they live just like other Australians do; they become so ingrained into the Australian way of life, directly because of the existence of this historical relationship, that there is some kind of obligation on the Australian state not to impose a disproportionate burden on those people because of their lack of an Aussie passport. New Zealanders can live all their lives in Australia, growing up as Australians and make the same kinds of mistakes that other Australians make, for which they pay in the Australian criminal justice system which their taxes maintain. Fair dos. Why are they being punished again for a status they likely could not help in the first place? Sure the imprisonment is the entry level qualification, but make no mistake, this is an issue of status, and discrimination on the grounds of that status.

For goodness sake, Australia. Treat your Australian-raised New Zealand-born Australians like other bloody Australians.

About Sparrowhawk/Kārearea

Legal academic and writer, Wellington. (Te Rarawa, Ngāti Pākeha. Nō te Hāhi Mihinare hoki)

5 responses »

  1. Thank you for putting words to my similar thoughts. Am I being paranoid or could this have anything to do with supplying “product” to Serco?

    Liked by 1 person

  2. I think the approach in regard to deporting people for minor offences is utterly wrong. Imprisoning then offshore is simply outrageous. But then why is it that Kiwis after the publicity of the last few years by Ozkiwi and others, still do not face the facts? Kiwis have no special rights. Your article also continues taking refuge in the comfort blanket of the ephemeral Enzed-Oz ‘special relationship’, ignoring something which is comes up against the harsh reality that legally New Zealand citizens are aliens in Australia. I repeat that we do not have any ‘special’ rights. Theoretically if Australia wants to expel anyone who is not Australian then they can do so despite the act being unfair or morally unjust. All New Zealand citizens in Australia need a wake up call. The world is changing and the movement of people between states as a consequence of ‘a handshake deal’ will result in such injustices continuing.


    • Hi Bertie, you are absolutely right, there are no special rights. One problem is an intergenerational legacy of people behaving as if they had the same rights they always believed they had. I don’t think I’m taking refuge in a comfort blanket at all…I’m pointing out that these measures are discriminatory even given the lack of special rights and that is because of the existence of this relationship that both governments like to score political points from when it suits…New Zealanders are paying the price for believing in it, in that you are totally right.



Something to say? Whiua mai!

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Bonnie's Blog of Crime

My Life of Crime, Murder, Missing People and such! Above all else, never forget the victim, that the victim lived, had a life and was loved. The victim and their loved ones deserve justice, as does society.

Happily Travelling in New Zealand

A road trip around New Zealand, in a caravan

Psychology in an Indigenous world

Reclaiming Māori worldviews on health, society, science, and everyday issues that affect our lives.

Hard lines, heavy times, and handblocks

Coping with depression through prayer, poetry, and flying plastic

Art & Theology

Revitalizing the Christian imagination through painting, poetry, music, and more

The Jesus Question

Tracing the identity of Jesus through history, art, and pop culture

Poetry Out West

Poetry & Prose by Jodine Derena Butler

Interrupting the Silence

An Episcopal Priest's Sermons, Prayers, and Reflections on Life, Becoming Human, and Discovering Our Divinity

A Tree's Roots

A Tree's Roots

GD Bates

Artist and poet from Timaru, New Zealand

Strictly obiter

Legal nonsense

%d bloggers like this: