Michael Scott Fear, 57, is a New Zealand citizen who has lived in Australia all his life.
Three weeks ago, he was deported to New Zealand by Australia**, despite his strong efforts, on multiple criminal charges.
"Just born in New Zealand by chance".
Fear's criminal record in Australia dates back to his teenage years, and he has since committed multiple crimes, including confrontation with ** with a gun, drug use, and domestic violence.
In August 2021, Australia's Minister for Immigration ordered Fear's deportation under section 501 of the Immigration Act.
Section 501 of the Australian Migration Act refers to:The Department of Immigration has the power to deport any foreign national who fails to meet the character test required by the Australian Migration Act
Fear has been defending himself, and three weeks ago, he lodged his last appeal in Australia.
Fear points out that he just"Became a New Zealand citizen by accident"., because in the 60s of the 20th century, his parents briefly stayed in New Zealand for a while at the time of his birth.
His parents, siblings, relatives, and children are all Australian citizens, but he is not, because his parents did not apply for Australian status for him when he was a child.
I didn't realise I wasn't an Australian citizen until I was in my 40s, but my roots were already here. He said.
As for New Zealand, he has not set foot in New Zealand for more than 50 years, let alone relatives or friends.
The impact is severe and forced eviction
However, his appeal was eventually dismissed because of the "numerous crimes".
In 2006, Fear was convicted of assaulting his then-partner at gunpoint and throwing a drawer at her. In the same year, he also hit his partner with a piece of wood.
In 2007, he confronted the police at gunpoint for more than 30 hours after taking a large amount of **.
In 2015, he was convicted of assaulting another ex-partner.
In 2021, there was another similar incident against the partner. In the same year, he was also convicted of two drug counts involving "large quantities" of non-** drugs.
In 2008 and 2011, the Australian Department of Immigration warned Fear that further convictions could lead to his deportation from Australia.
Fear said he didn't know he was not an Australian citizen until he received the warning.
"For nearly 20 years, Mr. Fear has committed frequent and persistent crimes, and the court finds that the impact is very serious," the court ruled out. ”
He admitted to receiving a warning, but continued to commit criminal offences and was convicted by the courts in 2010, 2011, 2013, 2015, 2016, 2018 and 2021, and was sentenced to prison several times. ”
The Tribunal held thatThe decision to deport is necessary to protect Australia's community
While Fear has taken root in Australia and may face difficulties returning to New Zealand, the court said that "as a New Zealand citizen, Mr. Fear will have the rights and support to do so." ”
501 has become the most difficult issue in Australia-New Zealand diplomacy
While in immigration detention, Fear met with a psychologist who provided evidence that Fear was terrified of moving to an unfamiliar country.
This verdict cost me everything – my family, my relationships, my freedom, and my country. Fear told the court.
He said,Insisting on repatriation could affect Australia's diplomatic relations with New Zealand, because similar incidents have reached the "limit of tolerance".
In fact, the 501 regulation of the Australian immigration law has always been controversial and is a pain point in Australia-New Zealand diplomacy.
Like Fear, many people are New Zealand citizens but have almost never lived in New Zealand, and deportation would be a "complete stranger to a country".
A New Zealand citizen who was deported from Australia under Regulation 501 in 2021 Picture: N.Z Herald
Earlier this year,Australia has officially relaxed the 501 rule, saying it will adopt a more "common-sense" policy.
Official ministerial directives issued in March state that "considerable weight should be given to the fact that non-citizens have been living in Australia during their formative years and thereafter, regardless of when and to what extent their offences committed." ”
In essence,This means that if a New Zealander was born in Australia, his parents are New Zealanders, or have lived in Australia since he was a child, then this fact must be taken considerably.
But the case of Fear's deportation seems to have brought the problem back to square one.
Tomorrow, New Zealand Prime Minister Luxon will travel to Sydney to meet with Australian Prime Minister Anthony Albanese.
Will there be any new progress on the controversial 501 rule?