'Irrationally harsh': Australia’s deportation laws among strictest in western world

Australia wants to strengthen its character test, which will make its deportation policy among the toughest in the world.

Migrants who have committed crimes with a maximum sentence of at least two years jail will automatically fail the character test. Source: AAP

Australia’s hard-line approach to deporting foreign criminals is tougher than the United Kingdom, United States and New Zealand, international law experts say.

Having already deported 4,700 foreign criminals from Australia in the past six years, the government wants to extend its crackdown to offenders that haven’t served jail time.

 

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Plans to tighten character test put tens of thousands of migrants at risk of deportation

 

Senior researcher at the Andrew and Renata Kaldor Centre for International Refugee Law, Sangeetha Pillai, has examined other countries’ approaches to foreign criminals.

Australia has deported 4700 foreign criminals in the last six years.

AAP

 

While it’s difficult to make a direct comparison, Ms Pillai said the proposal to lower the criminal threshold, combined with a lack of protections for children, long term residents from New Zealand and refugees, sets Australia apart.

“It’s harsh, but unnecessary, irrationally harsh," she said.

 

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Refugees could be sent back to countries where they face persecution under proposed new laws

 

“This bill is harsher to minors than the current provisions. It’s harsher to long term residents from New Zealand than the current legislation is. It’s harsher to refugees than the current legislation is.

“But it doesn’t actually create any additional power to protect against people that genuinely form a threat.”

The Australian Human Rights Commission recommends taking a similar approach to New Zealand, which takes into account a non-citizen’s connections to their new home and accepts a greater level of responsibility for long term residents.

“In the Commission’s view, by building in a degree of proportionality, the New Zealand model adopts a more human rights compliant approach,” the commission stated in its submission to an inquiry into Australia’s character test.

So how do other countries deal with foreign criminals on their soil?

New Zealand

Kiwis have felt the brunt of Australia's hard-line deportation policy, but hasn't retaliated by strengthening its policy. 

While 50 per cent of people deported from Australia are sent back to New Zealand, just 1 per cent of total deportations from New Zealand are to Australia. 

That's partly because our Trans-Tasman neighbours adopt a sliding scale where the risk of being deported for a crime depends on the length of stay in the country. 

Prime Minister Scott Morrison was unmoved by NZ Prime Minister Jacinda Ardern's complaints about Australia's deportation policy.

AAP