Damon Mcknight
New Zealanders in detention in Australia are often held in immigration detention centres, sometimes for several years, while their cases are decided. This is due to a change in Australian immigration law in 2014, which gave the Minister for Home Affairs the power to expel people viewed as a risk to Australian society. The change in law has disproportionately impacted New Zealanders, with over 1000 forcibly deported from Australia since. Those deported call themselves 501s, referring to section 501 of the Migration Act, which allows for the cancellation of visas on character grounds. Many of those deported have only committed petty crimes, but face prolonged detention and adverse mental health consequences as a result of their detention.
| Characteristics | Values |
|---|---|
| People from New Zealand in detention in Australia | 501s |
| Reason for detention | Visa cancellations on the grounds of "character" |
| Visa cancellations | 51-56% |
| Detention centres | Villawood Immigration Detention Centre in Sydney, Melbourne, Perth, Christmas Island |
| Time spent in detention centres | Up to two years |
| New Zealanders deported from Australia since 2015 | 1,300 |
| New Zealanders deported from Australia in the past two years | 1,000 |
| Percentage of deportees of Maori or Pacific Islander descent | 60% |
| Law passed in New Zealand in 2015 | Places people in a parole-like system |
| Average time spent in detention centres | 581 days |
| Impact of detention on detainees | Adverse mental health consequences, violence, cramped conditions, grime |
| New Zealand's response to Australia's deportation policy | Criticism |
| New Zealand's stance on immigration detention | Contradictory |
| New Zealand's policy on citizenship for Australians | From 1 July 2023, Australians who have lived in New Zealand for 4 years or more can apply for citizenship |
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What You'll Learn
The cancellation of visas on 'character grounds'
Under Australian law, any non-citizen who is convicted and sentenced to a total of 12 months or more in prison will have their visa automatically cancelled. A person’s visa can also be cancelled on 'character grounds', for example for associating with members of an outlawed motorcycle gang or criminals. This is known as Section 501 of the Migration Act.
The Migration Act includes powers to cancel the visa of a person who is not an Australian citizen because they have committed serious crimes. This allows the Minister to cancel a person’s visa if they are satisfied that the individual does not pass the ‘character test’. A person could fail the ‘character test’ if they have a substantial criminal record, have associated with a person, group or organisation involved in criminal activity, or because of the person’s past and present criminal or general conduct. A ‘substantial criminal record’ includes sentences of one year or more, or multiple sentences totalling two years or more.
The Commonwealth Ombudsman has reported a huge increase in the number of people being detained, with over 900 people detained in 2015-2016. Most of these people were from New Zealand or the United Kingdom. Visa cancellations on character grounds can have serious consequences for a person, including lengthy immigration detention, separation from family and friends, and removal and exclusion from Australia. Those who appeal the cancellation of their visas remain locked in detention centres, sometimes for several years, while their case is decided.
New Zealanders who are arrested or detained in Australia can ask for consular help, but the New Zealand Government and its officials cannot intervene in the Australian justice system. New Zealanders travelling or living in Australia must comply with its laws and regulations. Cancelling someone’s visa often results in them being deported from Australia – this includes New Zealanders.
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New Zealanders deported from Australia face a parole-like system
The deportees, known as "501s" after the relevant section of the Migration Act, are placed in immigration detention centres during the appeal process, sometimes for several years. These centres have been described as "'prisons in all but name'", with violent, cramped, and grim conditions. The experience of being detained before deportation is considered a "double punishment" by those who have been through it.
Upon deportation to New Zealand, individuals are subjected to a law passed in 2015 that places them in a parole-like system, regardless of whether they were on parole or committed a crime in Australia. This system involves monitoring by the Department of Corrections, with standard and special conditions determined by an individual assessment of circumstances and offending history. While Te Pā, PARs, and probation officers can provide support for deportees, there have been concerns raised about the lack of support networks for those sent back to New Zealand.
The parole-like system in New Zealand can be challenging for those who have already served their sentences in Australia and are seeking to reintegrate into society. The psychological impact of the system can be significant, with individuals experiencing sensory information overload and struggling to adjust to their new circumstances. The human costs of this policy have been questioned, as it can lead to feelings of isolation and a lack of support for those affected.
The deportation of New Zealanders from Australia and the subsequent parole-like system in New Zealand have created tensions between the two countries. New Zealand's foreign affairs minister, Nanaia Mahuta, has expressed concern about the policy and the lack of support networks for deportees. The high number of deportations has also been a source of dismay for the New Zealand government, with Prime Minister Jacinda Ardern noting the corrosive effect on the relationship between the two countries.
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The impact of deportation on marginalised groups
The deportation of people from marginalised groups can have detrimental impacts on the individuals, families, and communities involved. Deportation often results in the separation of children from their parents, leading to various psychosocial consequences such as economic hardship, housing instability, food insecurity, and emotional and behavioural challenges. The remaining caregiver may need to work longer hours, leaving less time for child care and impacting children's school performance. The separation can also strain relationships within families, and the effects of forced separation may persist even if the family is reunited.
In the context of New Zealanders in detention in Australia, unique visa circumstances place them at a higher risk of deportation. New Zealanders have special rights to live and work in Australia, but they are on "temporary" visas. As a result, they are vulnerable to Australia's strict stance on criminality among non-citizens, with New Zealanders accounting for a significant proportion of visa cancellations. This has led to an increase in deportations, with individuals being detained in immigration detention centres while awaiting the outcome of their visa appeals.
The fear of deportation and the negative portrayal of migrants as "illegal criminals" can also lead to self-deportation, where individuals voluntarily leave the country out of fear of arrest or detention. This may be particularly true for marginalised groups with intersecting identities, such as women of colour, Black and Indigenous women, and women with disabilities. Additionally, the proliferation of immigration enforcement activity can disrupt the sense of "safety" in neighbourhoods, schools, and hospitals, further impacting the well-being of families and communities.
The social cost of deportation is significant, with the country of origin bearing the burden of providing benefits, housing, skills training, and addressing the rise in gang crime. The impact extends beyond the immediate families and communities to the broader economy and workforce, as immigrants play essential roles in various industries.
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The high costs associated with Australia's deportation policy
The deportation of New Zealanders from Australia has been a growing concern in recent years, with over 1,000 people deported in the last two years alone. This has resulted in significant social and economic costs for both countries.
The Human Cost
The human cost of Australia's deportation policy is significant, with many individuals suffering trauma and grief due to the loss of contact with their families and loved ones. The process of deportation can be extremely stressful, and the conditions in detention centres have been described as violent and cramped. Those who appeal their visa cancellations may remain in these centres for several years, awaiting a decision.
Financial Costs of Detention
The financial costs of detaining individuals are also high. The cost of detaining a person in a place like Christmas Island has been quoted as high as AU$22,000 per person. This includes the cost of deportation, which the individual must pay if they wish to return to Australia after winning their appeal.
Impact on Crime and Re-offending
Australia's deportation policy has also had an impact on crime rates in New Zealand. With limited support available for deported individuals, there is a risk of re-offending. This "silent sentence", as described by Prime Minister Chris Luxon, refers to the upheaval and struggle to adjust that many deported people face upon their return. This struggle includes finding accommodation, securing employment, and adjusting to life in a country they may no longer know well.
Impact on Bilateral Relations
The high rate of deportations from Australia to New Zealand has also strained the bilateral relationship between the two countries. New Zealand Prime Minister Jacinda Ardern described the deportations as having a "corrosive effect" on the relationship between the two nations. New Zealand has received over 3,000 criminal deportations from Australia since the 2014 amendments, and the influx has placed a significant burden on the country's resources and social services.
In conclusion, the high costs associated with Australia's deportation policy are multifaceted and far-reaching. The human, financial, and social impacts of this policy have been significant, and the strain on bilateral relations between Australia and New Zealand continues to grow.
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The negative impact of detention on mental health
New Zealanders in Australia are vulnerable to strict Australian policies on non-citizen criminality. Under Australian law, any non-citizen who is convicted and sentenced to a cumulative 12 months or more in prison will have their visa cancelled and be deported. This has resulted in the detention of many New Zealanders in immigration detention centres in Australia.
Detention can have a profoundly negative impact on mental health. Research from the World Health Organization Europe, supported by the International Detention Coalition (IDC), found extremely high rates of mental health issues linked with immigration detention. The IDC's report on the psychosocial impacts of immigration detention in Mexico revealed a wide range of physical and psychological symptoms, including anxiety, depression, suicidal thoughts, headaches, and insomnia.
The negative mental health consequences of detention are not limited to those detained but also affect individuals at risk of being detained. The threat of detention alone has been shown to have a damaging effect on mental health. The experience of detention can lead to feelings of criminalization and dehumanization, reshaping how detainees view themselves.
The carceral environment can be inherently damaging to mental health by removing individuals from their social networks and eliminating meaning and purpose from their lives. Psychologists have long understood that people with social support and positive family relationships tend to have better psychological well-being. Thus, incarceration, which often involves separation from family and friends, can be a significant stressor for detainees.
The conditions in detention centres can further exacerbate the negative impact on mental health. Overcrowding, solitary confinement, routine exposure to violence, and inadequate health services are common issues in prisons and jails that contribute to poor mental health outcomes. These factors can lead to a syndrome similar to PTSD, with many individuals suffering long-term mental consequences even after their release.
The impact of immigration detention on mental health is evident in the case of New Zealanders detained in Australia. One detainee, Barber, described his time in various Australian detention centres as stressful, violent, and cramped. He ultimately agreed to be deported back to New Zealand, hoping for a fresh start away from the negative environment of detention.
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Frequently asked questions
New Zealanders in Australia on "temporary" visas are vulnerable to Australia's hardline stance on criminality among non-citizens. Under Australian law, any non-citizen who is convicted and sentenced to a cumulative 12 months or more in prison will have their visa mandatorily cancelled. A person’s visa can also be cancelled on other character grounds, for example, associating with members of an outlawed motorcycle gang or criminals. Cancelling someone’s visa often results in them being deported from Australia.
Detainees at Villawood Immigration Detention Centre in Sydney have access to outdoor gym equipment. However, people have described detention centres as prisons in all but name. There have been reports of violence, cramped conditions, and grime. There is also an established link between increased duration of detention and severity of mental health symptoms.
Deportees are stigmatised by the media in both countries and often have low or non-existent employment prospects. Deportees are also subjected to a law passed in 2015 that places people in a parole-like system, regardless of whether they were on parole or even committed a crime in Australia.
