A convicted criminal who has lived in Australia since he was nine years old has lost his bid to remain in the country and will instead be deported back to New Zealand after he was jailed for three years for drug possession.
Jamie Perfect appealed a decision to cancel his Australian visa on character grounds, arguing ‘being deported to New Zealand would be a nightmare’ and he would ‘most likely never see (his) mum and sister again’.
The 29-year-old was convicted in the Queensland Supreme Court of possessing an illicit drug in December 2017 and sent to prison, where eight months later a decision was made to cancel his visa because he was jailed for more than 12 months.
After Perfect appealed to the Minister for Immigration to revoke the cancellation and was knocked back, he turned to the Administrative Appeals Tribunal in a last ditch effort to remain in the country.
‘All my family are here who I am extremely close to… I cannot imagine leaving them and returning to a country that I can barely remember, where I have no one,’ Perfect told the Tribunal.
More than 1,000 New Zealanders who have committed criminal acts in Australia have been deported back to their country of birth since 2014 (Pictured: A Kiwi is deported from Australia in September)
‘I know I have made some mistakes which I can’t take back. I won’t make these mistakes again I’m doing all I can to get the professional help I need.
‘I know I won’t relapse again. My life and family are here. Please don’t take me away from them.’
Perfect acknowledged he had a drug addiction and an extensive criminal record and said ‘all my criminal history relates to drug use, especially methamphetamine (ice)’.
He was first warned his visa could be cancelled as early as 2010, when he was jailed after being convicted of one count of armed robbery in company, with wounding after he held up a car wash attendant with a knife.
Perfect was also convicted of two burglaries after he stole jewellery and a television from two different homes in 2008.
He also appeared before the Queensland District Court last year after he was charged with 14 offences, including possessing a dangerous drug and possessing a handgun.
The Palmerston-born man told the Tribunal he had only been back to New Zealand once since arriving in Brisbane in 2000 along with his mother, stepfather, sister and brother.
He claimed during his only visit back in 2014, his biological father who is ‘associated with, if not a member of, the Mongrel Mob’ was ‘physically and verbally abusive’ towards him.
Under Australia’s Migration Act, a non-citizen who is ‘not of good character’ can have their visa cancelled (pictured, a man being deported to New Zealand last year)
‘This experience had a really negative impact on me. The thought that I could be sent back there with no hope of returning to Australian terrifies me,’ Perfect said.
Perfect argued he needed to remain in Australia so he could have ‘the support of my family so I can overcome my drug addiction’.
‘My deportation would mean I most likely never see my mum and sister again. They can’t travel overseas due to their health issues,’ Perfect said.
‘I’ve put her through a lot before with my criminal offending and she’s always stuck by me. The idea I would never see her again is horrible to think about.’
In a decision handed down last week, the Tribunal affirmed the decision to cancel Perfect’s visa.
‘The Applicant has offended of the order of 60 times since being given notice of intention to consider cancellation of his visa. He has had a fair go at meeting the community expectation and has failed dismally,’ the Tribunal said.
‘He has been sentenced to significant terms of imprisonment. He has made some positive contribution of consequence to the Australian community, but has ruined an unknown number of lives, including his own.
‘Not only has this Applicant breached his obligation to obey Australian law, there is an unacceptable risk that he will do so again given the opportunity.
‘The Tribunal believes the Australian community would strongly expect that this Applicant should not hold a visa.’
New Zealand Prime Minister Jacinda Ardern (pictured left with her Australian counterpart Scott Morrison) has been a fierce critic of Australia’s deportation policy
Under Australia’s Migration Act, a non-citizen who ‘is or may be a risk to the health, safety or good order of the Australian community’ or is ‘not of good character’ can have their visa cancelled and be deported under section 501.
New Zealand’s Prime Minister Jacinda Ardern has previously criticised the deportation policy, which she claims sends back Kiwis who have little or no links to her country.
But her Australian counterpart Scott Morrison said: ‘You commit a crime here, you’re convicted, you do your time, you go home’.
More than 1,000 New Zealanders have been deported from Australia since 2014 when changes were made to the Migration Act. A third had not been to New Zealand for more than 10 years.
Drug offences, assault and child sex offences are the most common charges that result in deportation.
The law means even if an individual is an Australian permanent resident, and has lived and worked in the country for decades, they can still be deported.
New Zealanders are thought to be the largest group to have had their visas cancelled.
