TRANSCRIPT
Stephen Pokrywka has spent the past 43 years in Australia. But before this week is out, he'll be deported to the United Kingdom.
After moving to Australia from the UK with his family at age twelve, he has always seen himself as an Australian.
But neither he nor his parents applied for Australian citizenship.
As a young man he developed a drug addiction, and ended up serving six years in a Western Australian prison on drugs charges.
It's a decision he says he will always regret.
“I've learnt my lesson, well and truly. I can't say that enough, you know, I'm sorry. I am fully sorry for what I've done. What I've put my family through and whatnot, and I will never do that again, as long as live.”
Under Australia's migration legislation, people living without citizenship in Australia, who have spent more than 12 months in prison, can be deported on character grounds.
He will be leaving behind six children and ten grandchildren, themselves all Australian citizens.
His daughter, Jess Pokrywka, says her family has been punished enough.
“We are all being punished for a crime we didn't commit. Like, this is six, seven years in the making. I'm 21 years old today was 14-15 when he was away, and that's not much on my sister's life. And I feel like she [should] get that chance and we should all get that chance. We shouldn't have to pay for a crime that has been served not only. And he is not a threat to anyone, he is well recovered. and it was .. you know, his first crime, I feel like we should get that chance again.”
His other daughter Ash says she has spent much of her life trying to feel normal.
“When I was younger and I used to see little tiny kids running to their dad and twirl around and all that, I'd be like laugh it off. Just be a kid while you have the chance and then realise how hard it is going to be.”
Lawyer David Kew became interested in the case recently and says he has been appointed by Mr Pokrywka to help him with his case.
He says there is nothing for Mr Pokrywka in the United Kingdom.
“All his adult life here in Australia, his family's here, his wife, his children, his parents, his grandchildren, four generations of Australians here. I think in the Collie area here in WA, and no family in the UK. So the plan is to deport him to the UK where he has no one, no, no ties, no contact, no family, no job, nothing.”
The political climate in Australia has shifted over the past year following a controversial High Court ruling that ended the indefinite detention of asylum seekers with no country to return to.
The Federal Labor Government is facing ongoing political pressure regarding in relation to the release these detainees.
Lawyer David Kew says the policies in place today aren't all that different to those in place two hundred years ago, only now they are in reverse.
“In a normal situation he's served his sentence done his time, he's had a good parole report. My only observation I think is, thinking about this is that we've not learned a lot in over 200 years. Great Britain was deporting people over here over 200 years ago for in similar circumstances and we were still doing the same thing in reverse and it just seems would actually have learned anything in that time. “
After serving five and a half years at Bunbury Regional Prison, authorities deemed he was no longer a threat to the community.
Stephen Pokrywka spent his final months on parole and says that now, all he wants is to go home to his kids.
But without ministerial intervention, he will be put on a plane, and barred from ever returning to Australia.
“The impact that my actions and stupidity, which is what it is, it's absolute stupidity and the impact that that's had on my family is just been, you know, I'm having a lot of trouble dealing with that you know, I carry a lot of guilt for it. You know, my kids say, 'Don't worry Dad, it's not your fault.' Well it is my fault, that's what I've done you know and this is what put me [in prison] and made us go through this you know, now we're, you know, I'm supposed to be coming home prove myself but now I'm getting put on a plane next week and getting sent out of the country.”
A Department of Home Affairs spokesperson has told SBS that while it does not comment on individual cases, the Australian Government is committed to protecting the Australian community from the risk of harm posed by non-citizens, who engage in criminal conduct or behaviour of concern.
Stephen says that if deported, he fears he may not see his parents again.
“My family's stuck with me through thick and thin but you know, my mother and father, if I leave the country I don't think that I'm ever going to see them again, you know, that really hits home you know when you think about it, who's got the money become flying to the UK, or time to visit their family. None of my family.”
Stephen Pokrywka will be driven to Perth airport and flown back to the U-K.
He says he's not sure what the future holds for him now, but that it isn't going to be easy.
“I think I'm going to really struggle over there, mentally, and I know my mother's really worried about me, she just... as a family we're close. You're be talking about me... I haven't been down the street, I haven't been anywhere six years. I'm going to get put on a plane and then on the street in the UK, there you go off you go. And it's like 'Wow'. So I don't know what the future holds but if I get on that plane I know it's going to be pretty bleak so yeah it's pretty scary.”
