Saturday 3 May 2014

Deportation delays !

Many Australians must despair at the endless delays that prevent criminals from being deported from this country.   We now learn that a thirty-nine year old Nigerian being held in detention prior to deportation in Villawood Detention centre is actually running a drug importing ring using mobile phones to convey his orders.

This man gained entry to Australia in 2000 on a three month business visa.   Three years later, this was converted to a spousal visa and he looked set to make this country home for the rest of his life, but in 2005 he was jailed for ten years for importing 1873 kilos of Cocaine concealed in book covers.   This sentence was served by way of six and a half years non parole - and the Commonwealth then sought a deportation order.

Surely conviction for a major drug crime should have been a valid reason for a speedy deportation order but he also had a past for drink driving, driving without a license and other motoring offences, and so began the lengthy appeals process that seems to grind endlessly on - while the criminal continues to ply his trade.

The case is again before the Administration Appeals Tribunal and in cases where a visa cancellation is on the grounds of character, the Tribunal must consider the welfare of any children concerned.  It is clearly in the interests of any visitor to this country arriving on a specific visa to marry and have children as quickly as possible.   This changes the visa status - and provides an almost impenetrable defence against deportation for later criminal activities.

There are two factors that rile most Australian citizens.    One is the cost.   Most of those making appeals are provided with legal assistance and for those held in detention, the cost of that detention comes from the public purse.  In many instances, the time factor involved is measured - in years !

The other is the absolute contempt that these criminals have for our laws.   Legislation designed to meet international standards on appeals is manipulated to ensure long delays between hearings and introduce issues that have little to do with the reason for seeking a deportation order.   A skilled legal profession has evolved with the tactics to tie the appeals process in knots.

We need a new broom through this entire appeals spectrum.   Not only does justice need to be done.   It needs to be done swiftly - and appeals belong from wherever deportation has lodged the applicant, not from within this country.

No comments:

Post a Comment