David More discusses the problems "501" deportees from Australia face in New Zealand and invites communities to welcome the strangers.

THE AUSTRALIAN GOVERNMENT recently chose to harden its attitude to deporting New Zealand citizens who had offended while living in Australia. A person may be deported under section 501 of the Commonwealth Migration Act 1958. Hence, deportees are called “501s” on their arrival in New Zealand. The Act was amended in 2014 to enable the Immigration Minister to cancel visas for non-citizens if they do not satisfy the Minister that they pass the character test. The test is determined essentially by the extent of criminal behaviour shown by the potential deportee, but it includes “if the Minister reasonably suspects having regard to the person’s past and general conduct, the person is not of good character.” As the discretion is with the Minister, the government of the day can alter the degree of conduct needed to justify deportation.

It may now be a badge of honour for the one in five Australians who claim convict ancestry, but their government is intolerant of non-citizens who today exhibit the same conduct that had their ancestors transported. What is similar is that the Australian government has the same disregard for the families of those who are deported as the English courts showed to those transported.

No Relationship with Aotearoa

The majority of those deported have little, if any, association with New Zealand, as many migrated to Australia with their parents as young children. All leave behind family in Australia. One 501 had never previously set foot in Aotearoa, having obtained his New Zealand citizenship through being born in the Cook Islands. Notably, all 501s learned the criminal conduct that brought about their deportation while living in Australia — otherwise, they would not have been granted visas to enter Australia in the first place.

So, what are our hospitality obligations to 501s? There is an understandable anger with Australia for deporting their criminals to New Zealand, and anger at offending by deportees after arrival here, but the 501s are still New Zealand citizens. They are a cross between migrants and refugees, forced against their wishes to live in a country of which they are nominally citizens, but to which they feel no sense of attachment. Coupled with this, the vast majority have spent time in Australian prisons, and without support and assistance, statistics have shown they will reoffend following their deportation to New Zealand.

As I write this, I learn that a 501 has just been sentenced to life imprisonment for the murder of an Auckland dairy owner he robbed.

Pope Francis Highlights Standard

What can we do? I think the answer is contained in a statement by Pope Francis in a recent interview broadcast by CBS News on 20 May this year, when in answer to a question on migration, he said: “For an immigration policy to be good it must have four things: for the migrant to be received, assisted, promoted and integrated. This is what is most important to integrate them into the new life.”

I think there is little doubt that in his answer, the Pope was applying to immigrants our Christian obligations to welcome strangers, clothe the naked, and take care of the sick and those in prison (Matthew 25:43). So, how does New Zealand rank against Pope Francis’s four criteria?

Aotearoa Fails on Promoting and Integrating

501s are subject to the Returning Offenders (Management and Information) Act 2015. Under this Act they are described as “Returning Prisoners”. They are subject to the standard release conditions of a prisoner released on parole in New Zealand, plus any special conditions imposed by the court after their arrival. The standard release conditions include obligations to report to a Probation Officer and advise residential address and employment. There are no rehabilitative provisions in the Act.

I think we clearly rate a pass in receiving 501s, possibly in assisting them, but a definite failure in promotion and integration. I am not sure that just visiting those in prison who have reoffended will convert this into a pass. We will need to do more.

Act Needs Amending

The Returning Offenders (Management and Information) Act needs amending as it is not fit for purpose. Australia started deporting 501s in numbers at the start of 2015. To deal with this, the Act was introduced into parliament on 17 November 2015 and was passed into law on the same day, receiving the Royal assent on 18 November. Like most legislation passed under urgency, it is deficient.

Refugees arriving in New Zealand are housed in the Mangere Refugee Resettlement Centre for a period of five weeks and complete an orientation programme.

There is no reason why 501s, who have no family in New Zealand, cannot be treated similarly. If 501s are to be subject to standard parole release conditions, any special conditions should be imposed by the Parole Board, who should meet with each 501 and determine accommodation and employment/benefit arrangements.

Who Will Stand with 501s?

In the absence of any body advocating on behalf of 501s, individually and as a Church I consider we have a moral obligation to endeavour to persuade the government to amend the Act. Mark Mitchell, the Minister of Police and Corrections, needs to be reminded of his criticism of the Labour Government in 2022, when he said in relation to a police report on 501s: "It is a complete failure on the Government's part to make sure they know who these people are, what they're doing and to put effort into reintegrating them.”

Amendment could be done by the Catholic Bishops Conference, ideally in cooperation with the leaders of other Christian churches and Faiths, making representations to the government and/or through a petition to parliament.

The Prisoners Aid and Rehabilitation Society (PARS), founded in Dunedin in 1877 as the Patients and Prisoners Aid Society and now spread throughout New Zealand, includes offenders returning from Australia among the people it supports. PARS works with a number of organisations, including Anglican Action, Presbyterian Support Otago, the Salvation Army and the St Vincent de Paul Society.

The mission of Vincentians is: “to work to provide person to person, practical and effective help to those in need; sharing their burdens and joys; sowing seeds of hope, and promoting human dignity, justice, and self-sufficiency.” Parishes could encourage their members to offer practical support to 501s through their St Vincent de Paul Society conferences.

The support needs to be similar to that already provided to migrants and refugees, with an emphasis on integrating 501s into their New Zealand community. For those who have reoffended following their deporting, parishes within a reasonable distance from a prison can be asked to provide members who can form a roster of prison visitors.

The need is now, and the time is immediate. As of 30 October 2023, 3,058 501s have been deported to New Zealand since the 2014 amendment to the Australian Migration Act. More than 1,800 — just under 60 per cent — have offended since their arrival. Our hospitality towards these strangers is needed so that they can belong among us.

Tui Motu Magazine. Issue 295 August 2024: 4-5