A return to the 10 year rule? The deportation of convicted New Zealander long-term residents from Australia under Section 501 of the Migration Act

Abstract

ABSTRACT This contemporary comment considers the consequences of the 2014 amendments to Section 501—the character test—of the Migration Act 1958 (Cth) and considerations of greater fairness, responsibility and social cohesion for long-term residents who experience character-based visa cancellation. New Zealanders have become the largest nationality group of people deported from Australia, a relatively new phenomenon in Australia’s deportation history. Many are long-term residents. The increasing numbers of deportations across the Tasman caused diplomatic rifts to emerge, testing the traditionally close relationship between Australia and Aotearoa, New Zealand. It raised the issues of fairness and where responsibility lies for the conduct of non-citizen long-term residents who call Australia home. Recognising the value of long-term non-citizen residents to the Australian community, those resident for a period of 10 years or more were once protected from criminal deportation under the Hawke-Keating Labor Governments. With a focus on New Zealanders and a commitment to reset diplomatic relations, the Albanese Government has returned to this ‘common sense’ approach. This contemporary comment draws on a systematic policy review to provide policy insights from the past and present to consider future directions for New Zealander and other long-term non-citizen Australian residents.