NZ Criminal Deported Despite Not Knowing or Living in NZ

In the recent case of Marouna Williams v Minister for Immigration and Border Protection [2013] AATA 923, the defendant was deported after a series of three offences, the most serious recklessly and intentionally causing serious injury during a burglary. The case, however, is causing some consternation in NZ, as, although Williams is a NZ national, he has not resided or returned to NZ since he was 9 years old.

The Facts

Mr Williams was born in New Zealand and is a citizen of that country.  He spent most of his early childhood living in the Cook Islands.  He has no recollection of living in New Zealand.  In 1998, when he was nine years old he migrated to Australia with his parents and his five siblings.  He is the youngest of the family.

Mr Williams attended school in Australia. He left school after completing year 10 and commenced employment.  From that time until he was sentenced to imprisonment in August 2011 he worked in several trades.  At the time of his sentencing he was employed as a concreter.  Mr Williams displayed a strong work ethic and apparently had no difficulty in obtaining employment.

History of Offences

Mr Williams appeared before the Children’s Court on several occasions between June 2004 and January 2008.  Those occasions when he appeared in relation to incidents involving physical violence or burglary were as follows:

• June 2004: charge of burglary, motor vehicle and driving offences; charges proven, no conviction recorded, four months probation;
• February 2005: charge of recklessly causing serious injury, charge proven, no conviction recorded, good behaviour bond for 12 months;
• April 2006: conviction on two counts of affray, two counts of intentionally causing serious injury, and one count of recklessly causing serious injury; sentence of six months detention; these offences were committed in company with two cousins;
• March 2007: charge of intentionally causing serious injury proven, no conviction recorded, probation order for six months.

On 1 December 2008 Mr Williams was charged with drink driving and driving whilst disqualified.  The charges were found proven.  Without entering a conviction the Court placed Mr Williams on a Community Based Order and required to do 12 months community work.  He was disqualified from driving for 13 months.

On 16 August 2011 Mr Williams was convicted in the Melbourne County Court of the following offences, which were committed in October 2008 when Mr Williams was 19 years old:

• intentionally causing serious injury;
• recklessly causing serious injury;
• common law assault;
• theft;
• aggravated burglary when a person was present.

Decision to Deport

Although a psychologist said Williams had a low to moderate risk of re-offending and Administrative Appeals Tribunal Deputy President Constance said he accepted Williams was genuine in his intention not to re-offend, he concluded there was a reasonable likelihood that he would.

Due to this risk of re-offending and the positive contribution of Williams to Australian society being limited to a three year period of employment, the Deputy President affirmed the Minister's decision in October 2012 to cancel Mr William’s visa as he did not pass the character test set out in section 501 of the Migration Act 1958 (Cth).

Deputy President Constance concluded:

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Marouna Williams v Minister for Immigration and Border Protection [2013] AATA 923

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