Australiarsquos deportation policy causes discomfort in relationship with New Zealand

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The diplomatic dispute centering on the high proportion of New Zealanders facing deportation - many of whom have spent the vast majority of their lives in Australia.

Ms Mahuta told reporters the New Zealand government continued to raise their concerns over the policy with the Australian government.

“I have continued to raise the issue of Australia’s deportation policy,” she said.

“In having those difficult conversations we are very aware that we can present perhaps an incremental and progressive pathway as to what a future could look like.” 

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Ms Mahuta said the â€œlevel of discomfort this has caused us” had continued to be shared between the nations' leaders as well as at a ministerial and official level. 

New Zealand's Prime Minister Jacinda Ardern has previously described the policy as being "corrosive" to the relationship between the nations. 

In Australia, most visa cancellations are made under section 501 of the Migration Act.

These powers mean the government can cancel visas of non-citizens over character concerns as well as for criminal convictions, or if they are considered part of a group suspected of wrongdoing.  

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From 1 July 2020 to 30 June​ 2021, 402 New Zealanders had visas cancelled under section 501 - out of a total of 946 cancellations.

Senator Payne on Friday said there would be no change to the Australian government’s policy despite the concerns raised by New Zealand.

“We have had very frank discussions today - I have listened to those very carefully,” she told reporters.

“Our policy has not changed in terms of the approach we take to those non-citizens who commit crimes in our country that applies to the citizens of any country.”

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Last month, a push from the federal government to introduce stronger powers to cancel and refuse visas on character grounds was voted down in the Senate.

The New Zealand government had shared concerns the proposed laws would “make a bad situation worse” in a submission to a parliamentary inquiry.

The federal government has said the legislation would aim to deport or deny entry to overseas nationals who had been convicted of serious crimes.

Extending visa conditions for New Zealand nationals

Against the backdrop of this disagreement, the Australian government announced it will extend measures for New Zealanders “adversely impacted by COVID-19” on a pathway to permanent residency.

Fom 13 November 2021, New Zealand citizens applying for the New Zealand stream of the Skilled Independent (subclass 189) visa will be able to claim an exemption from either the 2019-20 or the 2020-21 income year.

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The change is in addition to a measure introduced earlier this year allowing New Zealand citizens to count time spent offshore due to COVID-19 travel restrictions as residence in Australia.

Senator Payne said the extended measures were the result of continued “discussion between both of our leaders, ministers and officials for some time.”

The ministers also discussed the need for coordinated global action on climate change at their meeting.

Ms Mahuta directly spoke to concerns over its impact on neighbours in the Pacific region.   

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