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Why New Zealand Is Furious About Australia’s Deportations Policy


On the night of Sept. 11, 2015, security cameras in a prison in Goulburn, a city southwest of Sydney, recorded a final, desperate act.

A dark pool of blood and water spilled out from underneath a locked cell door. Alone inside, Junior Togatuki, 23, was bleeding heavily from a cut to his left wrist. He had sounded the alarm twice, but no one had come to his aid.

Mr. Togatuki, a New Zealand citizen of Samoan descent who had moved to Australia when he was 4 and who had a history of mental illness, was found dead the following morning.

He had been due to be deported.

The cancellation of Australian visas on the grounds of “character” has soared since December 2014, when the government amended its immigration law. Last year, more than half of those visas belonged to New Zealanders, almost 1,300 of whom have been deported since January 2015. They are now the largest group in Australia’s immigration detention centers, whereas before the legal changes New Zealanders were not even in the top 10.

Under the stricter character test, foreigners may be deported from Australia if they have served 12 months or more in prison or if immigration officials believe they pose a threat to the country. Many of them have lived in Australia for most or all of their lives, leaving families behind.

In some cases, convicted criminals have finished their sentences only to find themselves back in detention because their visas were canceled.

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Junior Togatuki’s mood and behavior became more desperate after his Australian visa was canceled, his sister said.

The shift in policy and its disproportionate impact on New Zealanders — along with additional disputes over Australia’s immigration policies — have become a major test for one of the world’s closest bilateral relationships.

Questions of race and fairness are intensifying: Of those sent back to New Zealand from January 2015 to this past April, at least 60 percent were Maori or Pacific Islander, according to figures obtained through an information request.

But citizenship, a steppingstone to stability, is increasingly out of reach. Only 8.4 percent of the 146,000 New Zealand-born migrants who arrived in Australia from 2002 to 2011 had acquired Australian citizenship by 2016. The rate for New Zealand-born Maori was even lower, just under 3 percent.

In the same time period, incarceration rates for New Zealanders climbed. From 2009 to 2016, there was a 42 percent increase in New Zealand-born prisoners in Australia, according to the Australian Bureau of Statistics.

Some experts believe this is part of a broader pattern.

The 2001 changes, Mr. Hamer argued, were in part “aimed at filtering out Pacific Island migrants” who had easy access to New Zealand citizenship and were seen to be exploiting a “back door” to Australia.

Australian officials are so concerned about that method that last year they rejected New Zealand’s offer to accept refugees from Australia’s disputed offshore detention camps on Manus Island and Nauru — even though it would have helped end a lengthy struggle over where to send them.

Lafaele Stowers, a New Zealand citizen originally from Samoa, with one of his three children. Mr. Stowers has been in a Sydney detention center for more than a year while appealing the cancellation of his visa.

Back in New Zealand, a small country already struggling with surging homelessness, the deportations are becoming a serious burden.

“It crept up on us quite suddenly,” said Tui Ah Loo, chief executive of PARS, a charitable organization that supports both deportees with criminal histories and domestic prisoners.

From July 2017 to this May, PARS assisted 221 deportees, up from 144 in the previous financial year. Many have no family or support networks and need help with basic tasks like setting up bank accounts, getting driver’s licenses and finding places to live. Committing new offenses is also a concern.

Ms. Ah Loo said many of them “think Australian, act Australian and talk Australian.”

Jason Wereta, 46, said returning to New Zealand after 25 years in Australia has been difficult. Mr. Wereta, a father of four, was deported last year after serving a string of prison sentences for driving without a license, common assault and stalking or intimidation.

He recently moved to New Zealand’s South Island to take a job shearing sheep. But like many deportees, his children are in Australia, where he hopes to return.

This separation of families needs closer examination, according to New Zealand officials.

While Ms. Ardern acknowledged that Australia had a “sovereign right to set its own immigration policies,” she said the ties that people have to Australia should be given greater weight in immigration decisions.

The question at issue is a common one: Who is ultimately responsible for long-term residents of a country?

In January, for example, it was reported that Alex Viane, a convicted criminal, would be deported to New Zealand despite never having been there. Mr. Viane, 41, was born in American Samoa and moved to Australia when he was 14, obtaining New Zealand citizenship through an uncle. His partner, two daughters and two grandsons all live in Australia.



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