Violent criminal with a three-page rap sheet cannot be deported from Australia - and the reason why is VERY surprising
- A New Zealander with an extensive criminal history is allowed to stay in Australia
- The father-of-two was due to be deported to New Zealand on character grounds
- He argued he and his two children identify as indigenous people of Australia
- The man's great-great grandfather was an Aboriginal who fled during massacres
A New Zealander with an extensive criminal record has been allowed to stay in Australia because his great-great grandfather is Aboriginal.
The 35-year-old man was facing deportation after his Australian visa was cancelled on character grounds - but he took his fight to the Administrative Appeals Tribunal and won.
The father-of-two has a rap sheet three pages long, and it includes domestic violence convictions, assaulting police and drug offences spanning a decade.
A New Zealander with an extensive criminal record has been allowed to stay in Australia as his great-great grandfather is Aboriginal
The argument that won his case was that he and his two children identify as indigenous people of Australia – this is despite the man being born and bred in New Zealand.
The man's parents were also born and raised in New Zealand and identify as Maori.
But the man's maternal grandfather five generations back was Aboriginal.
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The great-great grandfather fled Tasmania for New Zealand to escape massacres.
His two children were born in Australia after the man and his wife moved to Western Australia in 2005.
The boy's mother told the tribunal her children believe they are indigenous to Australia.
The argument that won his case was that he and his two children identify as indigenous people – this is despite the man being born and bred in New Zealand (stock image)
The tribunal ruled in favour of the man as it was concerned revoking his visa may have a 'detrimental impact of the children's cultural identity'.
'If their Aboriginal parent was removed to New Zealand without them, they would lose the benefit of learning about their culture from their father. If the children were to relocate to New Zealand they would be removed from being part of the indigenous community in Australia.
'This would negatively impact on their ability to actively participate in, and learn about their Australian Aboriginal culture and heritage.'
