Kiwi detainees won't lose right to appeal

NZ Justice Minister Amy Adams has sought assurances from the Australian government amid concerns about a form detainees are being asked to sign.

Kiwi detainees who decide to leave Australia won't lose their right to appeal their visa cancellations, the New Zealand government's been told.

NZ Justice Minister Amy Adams sought a please explain from Australian Immigration Minister Peter Dutton about a form New Zealanders were being asked to sign that says their appeals may not be heard if they leave Australia.

That would go against a commitment given by Prime Minister Malcolm Turnbull that New Zealanders being held in detention centres wouldn't be disadvantaged if they returned home while they challenged the decision to revoke their visas.

Ms Adams says despite what the form says, Mr Dutton's office has confirmed to her that the Australian government's assurances still stand.

"No New Zealander is prejudiced or has their appeals waived or in any way dismissed by returning," Ms Adams told reporters on Tuesday afternoon.

"The form predates the assurances that were made and is a generic forum used for nationals of all countries."

Mr Dutton's office also confirmed that New Zealanders aren't being charged for the cost of their removal from Australia, with Ms Adams saying their debts are simply being forgiven.

She understands a legislative change would be required in Australia to stop the process of deportees being automatically billed.

Since Mr Turnbull made his commitment, a number of New Zealanders have come home, had their appeals upheld and successfully returned to Australia, Mr Dutton's office told Ms Adams.

Despite having the situation clarified, Ms Adams remains concerned about the wording of the form and she wants to make sure Kiwis are given the right information.

"I would like a form that is specific to New Zealanders that is much clearer and that's the point we've been raising with them," she said.

There's been a dramatic increase in the number of New Zealanders being detained across the Tasman after Australia brought in tough new immigration rules late last year.

Those rules mean anyone who has been sentenced to 12 months or more in prison will have their visa cancelled.

Mr Dutton said no-one who returned to New Zealand would be denied the right to continue appeals already under way.

He said there had been cases where New Zealand citizens had returned to Australia after a favourable appeal decision.

"Signing a form to support voluntary removal will have no impact on this obligation and individuals who have done so should have no concerns," he said in a statement.

Mr Dutton said to remove any doubt he had instructed the Department of Immigration and Border Protection to clarify wording in all material provided to individuals seeking voluntary removal.

He said he had also made a commitment that New Zealanders who are successful in revoking visa cancellation won't be liable for costs of removal.


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3 min read
Published 8 December 2015 9:16am
Updated 8 December 2015 6:04pm
Source: AAP


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