A man who assaulted and robbed three people in one night in Australia has been deported to New Zealand due to his extensive criminal history.
The 33-year-old, who has previously been in trouble with the law for family violence, was sentenced to five years in prison in 2016 after he was involved in the violent robbery of three men in two separate incidents on the same night in Melbourne. He was convicted on one count of intentionally causing serious injury, two counts of intentionally causing injury and three counts of robbery.
One of the victims, then 18, now lives with permanent metal plates in his head.
The man applied to have the mandatory cancellation of his visa revoked, but the Administrative Appeals Tribunal of Australia upheld its automatic cancellation under the controversial Section 501 of the Australian Migration Act due to his substantial criminal background and on character grounds.
According to the tribunal's judgement, the man has been convicted of a number of offences and sentenced to significant terms of imprisonment. Other offences included driving while disqualified and criminal damage with intent to damage/destroy, and multiple incidents of domestic violence.
"I have found that the totality of the Applicant's offending has been of a very serious nature," said senior member Theodore Tavoularis, who presided over the tribunal.
Like many of those deported from Australia under Section 501, the man has not lived in New Zealand for years. He was born in Samoa before his family relocated to New Zealand, where he obtained New Zealand citizenship. He then moved to Melbourne in 2006 and is the father of three children, all of whom will remain in Australia.
Tavoularis found no reason to overturn the automatic cancellation of the man's visa.
"There is a discernible and undeniable dramatic increase in the level of seriousness in the pattern of this Applicant's offending. His offending history cannot be read in any other way," he said, later describing his offending as "wanton, irresponsible and even reckless".
The senior member acknowledged that the man would pose a risk to the Australian community if he were to remain in the country.
"The stark and unavoidable reality is that were this Applicant to again engage in similar criminal conduct - with particular reference to his offences of violence - the consequences would be very serious," he said.
"Were the Applicant to repeat his offences of violence for which he was sentenced in December 2016, the harm that would be occasioned to victims would cover the gambit of harm ranging from very serious physical and psychological injury, economic loss and, as rightly noted by the Respondent, would "[...] place the general public in fear of unprovoked random attacks."
Charter flights for people deported under the '501' legislation resumed in November following ongoing lockdowns due to the COVID-19 pandemic.
