A delegation from New Zealand has met with United Nations officials demanding an apology, accountability and financial compensation from the Australian government for their mass deportation of residents with a chequered past.
Advocacy group Route 501鈥瞫 founder Filipa Payne, Comancheros deportee Moses Folau and David Obeda鈥 a former 501 deportee-turned-podcaster, challenged the Australian government鈥檚 treatment of deportees and its hard-line immigration policy.
鈥淲e took legal action and lodged it with the United Nations about 18 months ago. I know of 400 clients who are seeking legal action - the first lodgement will come at the end of the year. It鈥檚 about allowing people to share their truth and the brutality they have faced.
鈥淲e want an apology, but we also want accountability and financial compensation. If there鈥檚 accountability, it means it can no longer be Australia鈥檚 nasty little secret and the world has to address it,鈥 Payne said.
In late 2014, then-immigration minister Scott Morrison passed a bill which tightened the character test of the Migration Act so that non-citizens sentenced to at least 12 months鈥 prison are automatically deported. This includes multiple sentences and applies regardless of the crime/s.
Other amendments provided the minister with the discretion to deport a non-citizen regardless of convictions, and this includes for being or potentially being 鈥渁 risk to the health, safety or good of the Australian community鈥.
The majority of people in detention centres are New Zealanders, and 61 per cent are 501 visa cancellations.
Earlier this year, Australian Home Affairs Minister Peter Dutton was widely criticised by New Zealand politicians for comparing deportees to 鈥渢rash鈥.
Payne said if New Zealanders have issues with 501s being deported here, they should call out the Australian government instead of blaming the deportees who don鈥檛 want to be here.
鈥淚 believe everyone has a right to be rehabilitated. We expect these people to be grateful, but they have been demonised because of their NZ citizenship. We have a social responsibility, and if we don鈥檛 inject some humanity into what we do, then we are the criminals.鈥
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Moses Folau, 38, said he felt humbled sharing his personal story with the Optional Protocol Against Torture (OPCAT) committee.
鈥淚 have lived in those detention centres and witnessed first-hand the horrific treatment people are forced to endure daily at the hands of corrupt and violent guards,鈥 Folau told the聽Weekend Herald聽from Geneva.
聽鈥淚t was great to be heard. In my opinion, the Australian government haven鈥檛 been listening. New Zealand is pushing as much as they can, but nothing seems to change - so the only thing to do was to take it to the world stage.
Filipa Payne, an advocate for 501 deportees from Australia and founder of the Route 502 advocacy and support group, and Moses Folau, a 501 deportee from Australia. Photo / Supplied
Payne said she was proud of Folau鈥檚 presentation, which was 鈥漰olite and from the heart鈥.
鈥淢oses has been through a lot of hurt, so [for him] to show his vulnerability made me proud. He has changed my life and I can鈥檛 walk away. I trust him with my children and I trust him with my life. He is loyal and someone who is prepared to stand up for others.鈥
Folau said the last few years had been a struggle. He was tired of being judged and criticised for his criminal past. He was also frustrated by the fact that he is forbidden to visit his 16-year-old-son and mother, who still live in Melbourne.
His older brother died recently, and Folau was forced to watch his funeral online and alone in his Auckland inner-city apartment.
鈥淚 dressed up, bought a new suit, polished my boots and did my hair. It killed me, watching my son carrying my brother鈥檚 coffin and seeing all my family crying,鈥 Folau said.
Folau, who had lived in Melbourne since he was five, had been in Maribyrnong Detention Centre for seven months when he agreed to be deported, fearing he might otherwise be sent to Christmas Island.
He was deported in 2016 and 鈥減resented with a big bill by the Australian government despite assurances that people sent back to New Zealand wouldn鈥檛 be charged. Folau was told to pay $3100 for airfares for himself and the security escort who travelled with him.
He has 10 convictions in Australia, including a jail term for an assault, and three more since being deported to New Zealand. The New Zealand offending included an assault in central Auckland.
His most recent conviction was in 2018, for driving with excess breath alcohol and careless driving, resulting from Folau reversing on State Highway 16 after missing an exit.
In the police National Intelligence Application (NIA) he is listed as a member of the Comancheros Motorcycle Club.
Folau has denied being a member of the Comancheros, although conceded he was a close associate of a gang in Australia before his deportation.
Moses Folau (left) was backed by former Auckland mayoral candidate Leo Molloy as he fought to get a liquor licence. Photo / Auckland Council
In July, Folau failed in his bid to gain a liquor licence for his downtown Auckland private members-only club, 9Eleven. He no longer holds the lease and is now working as a project manager for a construction company.
鈥淢oses has to face being judged every day and it鈥檚 not justified. He has been used as a scapegoat when things go wrong. He tried his best in New Zealand to become a contributing member of society, but he鈥檚 continually being shot down,鈥 Payne said.
Folau said his life is going well and he is committed to fighting for the disenfranchised deportees who don鈥檛 have a voice.
鈥淎lthough I accept my fate, I am passionate about deportation issues and the breaches of human rights that, in my opinion, the Australian government continues to inflict. I can鈥檛 turn my back on those who genuinely need my help, because I have been there.鈥
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