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Otago Daily Times
23-05-2025
- Otago Daily Times
Kiwi rapist avoids 501 deportation
Warning: This story includes content some readers may find disturbing. A New Zealand-born man who raped a drunk 15-year-old in Australia has avoided deportation so he can care for family members. Hoane Joseph Kahu was 20 when, in 2005, he saw the teen walking by herself in Gladstone, Queensland. He pulled the heavily intoxicated girl by her hair and raped her. The teen went on to share how the sex attack changed her life, saying she was once an outgoing and social person, but afterwards, she was scared to go out and rarely socialised. In 2006, Kahu was convicted of three counts of rape, all relating to the teen, and sentenced to eight-and-a-half-years' imprisonment. Three years later, he was warned by Australian authorities that they were considering cancelling his visa due to his criminal record. However, in 2010, he was released from prison on parole and told that his visa would not be cancelled, but further offending could change that. Kahu did not start reoffending until 2020 and was jailed in late 2023 on drugs and dishonesty charges. Then last year, he was told his visa had been cancelled. Under Australia's Migration Act, foreigners who serve more than 12 months in prison become liable for deportation. The deportees are colloquially known as 501s, named after the section of the act that allows it. Kahu unsuccessfully sought revocation of the cancellation decision before appealing to the Administrative Review Tribunal of Australia. Last week, the tribunal released its "finely balanced" judgment, which set aside the decision to cancel his visa, allowing him to remain in Australia, where he has lived since he was four years old. According to the judgment, Kahu has a criminal history dating back to 2003 and includes stealing, breaching probation, home invasion and unlawfully operating a motor vehicle. His most serious offending was the 2005 rape of the teen. Kahu claimed at the time he did not realise his victim had not given consent and had taken her lack of resistance as permission. Now, he appreciates the harm he caused and that he had potentially ruined her life, he told the tribunal. According to the judgment, Kahu began using methamphetamine in 2018 and his use of the drug gradually escalated. Following the loss of his rental accommodation in 2020, he was using it every day. He started reoffending that year and went on to be convicted of a raft of offences, including stealing, fraud, drug possession and drug driving. There were also domestic violence-related incidents involving a former partner, including one where he dragged the woman by her hair and grabbed her by the neck. 'This is a very finely balanced decision' In his appeal to the tribunal, Kahu said he was now in a stable relationship and looked after his severely disabled brother as well as his unwell mother, and his partner, who is paralysed as a result of a serious motorcycle accident. Kahu's partner gave evidence that he was a hard worker, humble, honest and forthcoming. His mother acknowledged that her son had made mistakes, but said he had accepted responsibility for them and had consistently shown a deep dedication to his ongoing personal growth. Multiple other family members, employers and community members testified to Kahu's good character and standing in the community. The tribunal acknowledged Kahu had a wide network of family and friends in Australia and had lived there almost his entire life. By contrast, he has only a few family members in New Zealand. It found that deporting Kahu would have a major effect on that family, particularly his brother, mother and partner. "He would arrive in New Zealand without having existing social or family support. He will likely experience stress and social isolation as he sets about establishing himself in New Zealand," the judgment said. "[Kahu] has lived almost his entire life in Australia. He has strong ties to his family, and the interests of his mother and severely disabled brother are best served by revocation [of the cancellation of his visa]. "This is a very finely balanced decision." - By Jeremy Wilkinson Open Justice reporter
NZ Herald
22-05-2025
- NZ Herald
Kiwi rapist Hoane Kahu avoids 501 deportation from Australia
In 2006, Kahu was convicted of three counts of rape, all relating to the teen, and sentenced to eight-and-a-half years' imprisonment. Three years later, he was warned by Australian authorities that they were considering cancelling his visa due to his criminal record. However, in 2010, he was released from prison on parole and told that his visa would not be cancelled, but further offending could change that. Kahu did not start reoffending until 2020, and was jailed in late 2023 on drugs and dishonesty charges. Then last year, he was told his visa had been cancelled. Under Australia's Migration Act, foreigners who serve more than 12 months in prison become liable for deportation. The deportees are colloquially known as 501s, named after the section of the act that allows it. Kahu unsuccessfully sought revocation of the cancellation decision before appealing to the Administrative Review Tribunal of Australia. Last week, the tribunal released its 'finely balanced' judgment, which set aside the decision to cancel his visa, allowing him to remain in Australia, where he has lived since he was 4 years old. According to the judgment, Kahu has a criminal history dating back to 2003, and includes stealing, breaching probation, home invasion and unlawfully operating a motor vehicle. His most serious offending was the 2005 rape of the teen. Kahu claimed at the time he did not realise his victim had not given consent and had taken her lack of resistance as permission. Now, he appreciates the harm he caused and that he had potentially ruined her life, he told the tribunal. According to the judgment, Kahu began using methamphetamine in 2018 and his use of the drug gradually escalated. Following the loss of his rental accommodation in 2020, he was using it every day. He started reoffending that year, and went on to be convicted of a raft of offences, including stealing, fraud, drug possession and drug-driving. There were also domestic violence-related incidents involving a former partner, including one where he dragged the woman by her hair and grabbed her by the neck. 'This is a very finely balanced decision' In his appeal to the tribunal, Kahu said he was now in a stable relationship, and looked after his severely disabled brother as well as his unwell mother, and his partner, who is paralysed as a result of a serious motorcycle accident. Kahu's partner gave evidence that he was a hard worker, humble, honest and forthcoming. His mother acknowledged that her son had made mistakes, but said he had accepted responsibility for them and had consistently shown a deep dedication to his ongoing personal growth. Multiple other family members, employers and community members testified to Kahu's good character and standing in the community. The tribunal acknowledged Kahu had a wide network of family and friends in Australia, and had lived there almost his entire life. By contrast, he has only a few family members in New Zealand. It found that deporting Kahu would have a major effect on that family, particularly his brother, mother and partner. 'He would arrive in New Zealand without having existing social or family support. He will likely experience stress and social isolation as he sets about establishing himself in New Zealand,' the judgment said. '[Kahu] has lived almost his entire life in Australia. He has strong ties to his family, and the interests of his mother and severely disabled brother are best served by revocation [of the cancellation of his visa]. 'This is a very finely balanced decision.'
NZ Herald
18-05-2025
- NZ Herald
Woman who planned armed robbery avoids 501 deportation from Australia, partly due to children
The Administrative Review Tribunal of Australia was told that the woman, who was born in New Zealand, was a ward of state before she was a year old, but was returned to her violent and alcoholic father at the age of 5. At the age of 7, she was sexually abused by a person known to the family. The woman, whose name is suppressed, moved to Australia with her first partner and their three children in 2006 and has not returned to New Zealand. Her three oldest children are now adults and live independently. When the couple separated, the woman began a relationship with another man, who had gang ties and who has since died. With that partner, the woman had children who are currently aged 11, 9 and 7 and were placed in the care of a grandparent when she was charged with the robbery. 'Horrific' domestic violence The tribunal was told the woman experienced 'horrific' domestic violence from her second partner, and that she and the children were homeless at times. When she was sentenced, the court was told the woman had PTSD from her childhood abuse and the violence in her relationships. She also had symptoms of depression and anxiety, and her drug abuse was partly to numb memories of past trauma, emotional disconnection, feelings of hopelessness, sleep disturbance, difficulty concentrating, irritability and 'reckless and self-destructive behaviour'. In 2019, the woman helped a co-offender plan an armed robbery at her former workplace. She allowed the co-offender to use her car to drive to the place being robbed, and shared in the financial proceeds. The woman was not directly involved in the execution of the crime itself, but the tribunal said it was satisfied it was a 'serious armed robbery'. It involved a forced entry, use of a firearm or imitation firearm, and direct confrontation with two staff members. However, the tribunal said the woman had no criminal history, and did not reoffend during the four years she was on bail before being sent to prison. The tribunal also accepted that the woman had undergone 'intense' rehabilitation to address her mental health and addiction issues involving methamphetamine and cannabis. 'The tribunal accepts the evidence of the applicant that she has overcome her drug addiction and is committed to remaining drug-free,' tribunal senior member Margaret Bourke said. Bourke said that deportation would cause 'hardship and emotional harm' to all of the woman's children, not just the three who were still minors and Australian citizens. The younger children have visited the woman fortnightly while she has been in prison. 'The tribunal accepts that the three children love and miss their mother ... when the applicant is able, and has proven she is capable, they plan that the three children will live with her again,' Bourke said. The woman also feared if she was sent back to New Zealand, she would be harmed by her co-offender in the robbery, who has already been deported, and members of the gang with which her second partner was affiliated. The tribunal found the woman failed the 'character test' under Section 501 of the Australian Migration Act - the legal provision that gave its name to the thousands of New Zealanders who have been deported, who are known as '501s'. However, Bourke found the combined weight of the younger children's interests, along with the strength and nature of the woman's ties to Australia, weighed in favour of revoking the cancellation of her visa. 'The tribunal has assessed that the applicant has strong family and social ties to the Australian community and there are three minor children whose best interests would be affected by the decision to cancel the applicant's visa,' the decision said.
NZ Herald
03-05-2025
- NZ Herald
Former drug-using league professional Dean Scott avoids 501 deportation from Australia
He lived in New Zealand until the age of 19, before moving to Australia in 1985 to pursue a career in rugby league. He went there on a scholarship with the Manly-Warringah league club in Sydney, but failed to make the first-grade team and moved to Queensland. Scott then took up a contract with the Noosa Pirates league team on the Sunshine Coast. 'From the moment he arrived in Australia, he was using drugs, particularly marijuana and speed,' the Administrative Review Tribunal of Australia said in a recent decision. Scott remained a user of recreational drugs but managed to function well for years, both as a family man and a business owner after quitting professional league. 'Rot set in' with meth However, the tribunal said 'the rot set in' when he was introduced to methamphetamine. After he appeared in court on drug-related charges in 2009, his marriage broke up and his relationship with his children suffered. As his addiction spiralled out of control, he became involved in drug distribution. In 2011, Scott was asked to leave the family home. 'He was no longer a reliable partner or parent, and he was a heavy and regular drug user,' the tribunal decision said. In 2017, he was charged with trafficking in a dangerous drug, involvement in organised crime, six counts of perjury and several lesser drug-related offences. He was granted bail and remained on bail in the community for more than five years before he was eventually convicted and jailed in 2023. Because he was sent to prison for more than 12 months, his visa to be in Australia was cancelled on May 19, 2023, opening the way for his deportation under Section 501 of the Australian Migration Act. Thousands of New Zealanders who have criminal records have been deported under this provision and are collectively known as '501s'. Scott appealed against his visa revocation to the Australian Review Tribunal, which weighed up the factors for and against him being forced to leave Australia. It noted that during those more than five years on bail, between being charged in 2017 and being convicted and imprisoned in 2023, Scott went and saw his former partner and asked for her help. She said she would help, but only if he stopped using drugs. If he did not, the family would 'turn their back on him'. The tribunal decision said this had a 'stunning effect' on him and he turned his life around. Went 'cold turkey' He immediately went 'cold turkey'. He told the tribunal he had not used illicit drugs since and even avoids painkillers such as paracetamol. The tribunal said he was regularly drug-tested, and never failed a test. His family and other people who know him are all 'certain' he has not touched drugs since 2017. Scott began working up to 70 hours a week for an asphalt company and arranged for his ex to take over his finances, giving him a small amount to live on. He reconnected with his children, one of whom drove him to a rehabilitation programme. A grandchild was born a few weeks before he went to prison. 'He had more than five years to commit further offences but did not do so,' the tribunal decision said. 'His behaviour since November 2017 has been exemplary. 'There was a trend of increasing seriousness in his criminal offending, but that trend came to an abrupt halt in 2017.' Tribunal deputy president Damien O'Donovan said he was satisfied the risk of Scott engaging in further serious criminal behaviour was 'very low'. O'Donovan said Scott has two adult children and two grandchildren to whom he is close. 'While he did everything he possibly could to ruin his relationship with them [his children] and their mother when he was addicted to drugs, the way in which he has gone about rebuilding those relationships is compelling,' O'Donovan said. 'The picture that emerges from the evidence is of a man with deep ties to the Australian community. 'Deportation would remove him from every important relationship he has in the world.' The tribunal reversed the revocation of Scott's visa.
RNZ News
27-04-2025
- RNZ News
Kiwi with 'reckless' history of dangerous driving offences to be deported from Australia
By Tara Shaskey, Open Justice multimedia journalist of Daniel Phillip Hancy was driving drunk when he hit a motorcyclist and two stationary cars. Photo: ingridhs/123RF A Kiwi with a menacing history of driving offences has been kicked out of Australia, where his children live, after ploughing into a motorcyclist and two cars while driving drunk, leaving one person with significant and life-changing injuries. Daniel Phillip Hancy, 39, has been detained in a Brisbane immigration detention centre while awaiting the fate of his appeal to remain in the country. However, earlier this month, the Administrative Review Tribunal of Australia released its decision to back the immigration minister's call to cancel Hancy's visa following his spate of criminal offending. He will now be sent back to New Zealand. According to the tribunal's decision, Hancy moved to Australia in 2013, taking with him a bevvy of convictions he racked up in New Zealand, including for drink driving, driving while disqualified, operating a vehicle carelessly, failing to stop after an accident, and common assault. Hancy had left New Zealand for a "start fresh" because of adverse family and social links involving "alcohol and drugs". "He wanted to 'get away from all that stuff and make a change'," the tribunal heard. But that was not quite how the plan went for Hancy, as he continued to offend after he arrived in Australia. Between October 2014 and July 2023, he committed multiple driving offences, including driving uninsured or unregistered vehicles, failing to pay tolls, five instances of speeding and three of driving drunk, before committing his most serious crime in September 2021. On that occasion, Hancy drove dangerously and at high speed for about 10km before driving through a red light at a large and busy intersection, "without any indication that [he was] the slightest bit conscious of what [he was] doing". He struck a motorcyclist before spinning 180 degrees, mounting the median strip, and colliding with two stationary cars, causing significant damage. After being arrested, Hancy failed a blood alcohol test and was charged with dangerous operation of a vehicle causing death or grievous bodily harm while adversely affected by an intoxicating substance. An occupant of one car sustained an ankle injury in the crash, while the 65-year-old motorcyclist broke his femur in several places and suffered memory loss, severe disabling impacts, constant pain, and a slow recovery. According to the decision, the motorcyclist enjoyed good health before the accident but Hancy "took that away from him". However, while on bail awaiting sentencing for the crash, Hancy drove a vehicle while his licence was suspended, breached his bail conditions and was again arrested for drink driving in an unregistered vehicle. In November 2023, he was sentenced for the crash, and the court considered the drink driving incident while on bail to be an aggravating feature of his conduct. He was sent to prison for five years with eligibility for parole consideration after 18 months. Hancy's offending triggered the controversial section 501 of Australia's Migration Act and his visa was cancelled. As a result, on the day Hancy was released on parole, he was taken into immigration detention, where he has since remained. He went on to unsuccessfully seek revocation of the cancellation decision before finally turning to the tribunal to review the non-revocation decision. The tribunal heard that Hancy has two children in Australia, whom he co-parents with a former partner, a new partner and fulltime employment. Hancy had been assessed as having severe alcohol use disorder but was in the early stages of rehabilitation. He has taken part in drug and alcohol programmes, and counselling, while in custody and said he now has a clear head and wants to better himself. Hancy intends to continue with rehabilitation if released, the tribunal heard. "He intends staying away 'from old habits, going to church, and doing a lot of activities'. He wants to 'start a business and stuff'." But while the tribunal acknowledged Hancy's rehabilitative efforts, it considered he remained at least a moderate risk of reoffending and causing significant harm to another road user or pedestrian. In affirming the decision to revoke his visa, the tribunal accepted that Hancy being repatriated would have a negative emotional, practical, and financial effect on his partner, former partner and their children. But it found his offending was "very serious", and the nature of harm from such conduct fell into a category where any risk of repeat was unacceptable. "His reckless conduct on New Zealand and Australian roads is frequent and there is a trend of increasing seriousness, culminating in him causing very significant injuries to an innocent road user." The tribunal found no substantial impediments to Hancy re-establishing himself in New Zealand, and afforded the protection of the Australian community greater weight than other considerations. "The applicant's residence in Australia is contextualised by persistent conduct in breach of Australian laws that has harmed others. "Having regard for the norm described as the expectations of the Australian community, little tolerance would be extended to him, and he should expect to forfeit the privilege of remaining in Australia." -This story originally appeared in the New Zealand Herald .
