‘Kiwi’ crim: I’ve never set foot in NZ

‘Returning’ offender born in American Samoa to Aussie parents, write Harrison Christian and Hannah Martin.

Australia will deport a convicted criminal to New Zealand who has never set foot on our shores.

It comes after Prime Minister Jacinda Ardern called on Australia to only deport New Zealand-born criminals who still have genuine links to New Zealand.

Alex Viane, 40, was born in American Samoa and became a New Zealand citizen as a child, but never entered this country.

He went to Australia as a teenager on a temporary visa, and over a span of 25 years was convicted, and in some cases jailed, for several crimes.

In July last year, Australia’s minister for Immigration and Border Protection, Peter Dutton, cancelled Viane’s visa on character grounds.

A decision from Justice Robert Bromwich, released by the Federal Court of Australia on Friday, dismissed an application from Viane for a judicial review of his visa cancellation.

In his hand-written application, Viane said he came to Australia in 1990 with his parents, who were Australian citizens.

‘‘I have no family or supportive networks in New Zealand. I have never been to New Zealand, I have no immediate family or support. I will have no hope of contributing positively to their society.’’

Viane has an Australian partner and a baby daughter.

Justice Bromwich acknowledged that Viane had no support network in New Zealand.

But he ‘‘will have access to similar social services and healthcare support as other citizens of New Zealand’’.

‘‘I also find that after some initial difficulty, Mr Viane will have the opportunity to establish a lifestyle comparable to that of other citizens of New Zealand.’’

Viane represented ‘‘an unacceptable risk of harm to the Australian community’’ and their protection outweighed the best interests of his child and other minor family members.

The decision did not describe the nature of Viane’s crimes.

In his written plea, Viane said an alcohol addiction had ‘‘caused all his troubles’’.

‘‘I have never set foot in New Zealand and I am extremely concerned that if I am sent there I will not be able to contribute to my daughter’s or partner’s lives.’’

Figures released to the Sunday Star-Times show that a quarter of the thousands of New Zealanders forced out of Australia since 2015 have racked up convictions on this side of the Tasman.

Ardern last month said those who had strong links to New Zealand were less likely to offend than those who lacked an established support network.

‘‘The point that we’ve always made is . . . about making sure those who were only genuinely affiliated, and had roots here in New Zealand, were being deported,’’ she said.

‘‘There are a number of contested cases where it is very clear that those individuals who are being deported actually have very firm connections, very firm roots in Australia.’’

PARS, formerly known as the Prisoners’ Aid and Rehabilitation Society, say Viane’s case is not an isolated one.

Helen Murphy, who leads the Christchurch branch of the organisation, said it was more common than most realise for ‘‘501s’’ – the nickname given to deportees – to be sent to New Zealand with nothing.

‘‘They’ve had to leave a country they didn’t want to leave and have left families behind, they’re refugees as far as I’m concerned.’’

Most have no New Zealand paperwork and require IRD numbers so they can receive benefits and open a bank account.

Often they are men who have served their time and have rebuilt their lives, Murphy said.

‘‘It’s more than just family missing, it’s their whole history wiped out. It breaks my heart. It’s draconian stuff.’’

Duty minister Tracey Martin said it was not her place to comment on Australian government policy, but the New Zealand Government was looking at whether deportees were getting enough support.

They were met at the airport by a probation officer who, in addition to making sure they are complying with any special conditions on their Returning Offender Order, would work with PARS or other support agencies to help them settle, she said.

They can receive support with accommodation and job-seeking.

Mr Viane will have the opportunity to establish a lifestyle comparable to that of other citizens of New Zealand. Justice Robert Bromwich, Federal Court of Australia