New Zealand has accused the Australian government of likely making “a bad situation worse” by proposing a massive extension of visa cancellation powers and blamed Australia for the rate of reoffending by criminals deported to New Zealand.
Appearing before the Senate legal and constitutional affairs committee on Monday, New Zealand high commissioner Annette King joined calls from the Law Council, the Human Rights Commission and refugee groups urging the parliament not to extend the powers.
The Morrison government has reintroduced a bill to change the Migration Act to provide grounds for visa cancellation or refusal where a non-citizen has been convicted of a serious crime punishable by two years imprisonment, even if a jail term is not imposed.
Migration experts have warned the law could result in the number of people who fail the character test automatically expanded “by a factor of five”, with visa-holders then vulnerable to a discretion of the home affairs minister or delegate who can deport them.
King told the committee New Zealand has been “disproportionately affected” since law changes in 2014 revoked the rule that Australia will not deport people who have been residents for 10 years or more.
King complained of a “lack of reciprocity of treatment”, with Australians only accounting for 1% of deportations from New Zealand while New Zealanders account for more than 50% of deportations from Australia.
Widening the net of those to be deported to include anyone who has committed an offence punishable by two or more years of prison would “greatly widen the net of New Zealanders vulnerable to cancellations and deportations”, she said.
King said New Zealand accepts responsibility for criminal behaviour of people resident in New Zealand, submitting that Australia should take responsibility “for those who are the product of Australia”.
Under questioning from Coalition senators, King conceded that the rate of reoffending of deported New Zealanders is 44% but noted that many of those people had lived in Australia for 20 years or more, while many had left New Zealand as children and were educated in Australia.
“They’ve come back to New Zealand with very few connections. They don’t have friends, they don’t have jobs … the glue that holds societies together.”
King noted that governments of both political complexion under John Key and Jacinda Ardern had criticised Australia’s policy. She called for a return of the 10-year rule, still respected by New Zealand, or “special consideration” exempting New Zealanders if the bill is passed.
Law Council witnesses told the committee the bill would capture low levels of offending, such as threats with no actual physical violence or possessing weapons like screwdrivers, rocks or sticks, with people caught even if they are not imprisoned but rather sentenced to community service or given fines.
The Law Council’s David Prince said it was “meaningless” to argue that community standards or safety justify the bill, noting that “not all criminality is the same” and warning that visa-holders will simply refuse to plead guilty to offences if to do so would trigger deportation.
The Australian human rights commissioner Ed Santow warned the bill “doesn’t pay due regard” to the risk posed by an individual.
Santow said he could not identify how current provisions are inadequate and noted that the joint standing committee on migration had said they are operating well and protecting the Australian community.
Labor has indicated it will oppose the changes, but is waiting for the final report from the Senate standing committee on legal and constitutional affairs, which reports back to parliament on the changes on 13 September.
