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Sydney, February 6, 2024 – A New Zealand man with a history of family violence offenses has lost his appeal to remain in Australia, highlighting the strict “character test” applied to visa holders. The Australian government affirmed the decision to deport the man, identified as Sini, despite his claims of extensive family ties within the country.
Visa Cancellation Upheld despite Extensive Family Network
The case underscores the challenges faced by New Zealand citizens subject to Section 501 of the Australian Migration act.
- A New Zealand man, Sini, has been ordered deported from Australia.
- The deportation order stems from a conviction for family violence offenses.
- The case highlights the Australian government’s firm stance on family violence.
What constitutes a failure of the “character test” under Australian law? The character test, as defined in Section 501 of the Australian Migration Act, considers a person’s past and present criminal conduct, as well as their association with individuals involved in criminal activity. A substantial criminal record, particularly involving violence, can lead to visa cancellation and deportation.
Sini, who arrived in Australia in November 2000, initially appealed the visa cancellation to immigration authorities and then to the Australian Administrative Review Authority. He attempted to demonstrate substantial ties to Australia, initially stating he had four siblings, three cousins, 20 aunts and uncles, 90 nieces and nephews, and 100 cousins residing in the country.
During a hearing, Sini revised his estimate of relatives, claiming five siblings and an even larger number of cousins. Tribunal member Sydelle Muling noted in a recent decision that Sini claimed to have “300 to 400 cousins in Australia.” While acknowledging he didn’t know all of them, Sini testified he regularly saw many at family gatherings, moast recently during Christmas 2023, and spoke with approximately 50 to 100 of them.
Muling also considered Sini’s involvement in his church community and a Tokelauan rugby league team, but ultimately found these ties “provide limited weight” in favor of allowing him to stay. The tribunal also noted Sini had been unemployed since 2019.
The case hinged significantly on Sini’s criminal history. In 2024, he was at his former partner’s residence and asked to leave, leading to a violent altercation.The Mount Druitt Local Court heard testimony detailing how Sini dragged the woman around the house, threw her towards stairs, and pushed her in a hallway while wrapping his arm around her neck, causing her to fear for her life.
Sini was convicted of family violence offenses and violating an apprehended violence order-the Australian equivalent of a protection order-and sentenced to 14 months in jail. Muling’s decision highlighted Sini’s prior family violence convictions against previous partners in 2003,2004,2006,2020,and 2021,which resulted in short prison terms.
“The Australian Government and the Australian community view this type of [family violence] conduct very seriously,” Muling stated, affirming the original decision to cancel Sini’s visa.