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Man to be deported after 40 years in Australia
Old 17th April 2011, 04:16 PM   #1
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Default Man to be deported after 40 years in Australia

A British citizen who has lived in Australia for more than 40 years has lost a bid against being deported on character grounds. Clifford Tucker migrated to Australia as a six-year-old but never became a citizen and at the age of 47, his criminal activities put him at odds with Australia's migration laws.

His family in South Australia has been begging Immigration Minister Chris Bowen to intervene in the case but the minister has rejected their pleas.

Immigration authorities only became aware of Mr Tucker when he applied for a visa to re-enter Australia after a holiday to Bali.

In 2009, he was convicted of assault and the Immigration Minister sought to cancel his visa.

Mr Tucker is now awaiting deportation to Britain at the Villawood detention centre in Sydney.

The family's lawyer, Stephen Kenny, says Mr Tucker's human rights are being breached. "Clifford Tucker is a person who has really been assimilated into Australia. He is, for intents and purposes, an Australian citizen, but technically he is not a citizen of Australia and is subject to deportation," he said.

"This is really in breach of his human rights. It's a country he grew up in, it's a country which his family all lived in and it's a country he identifies with and has for the last 41 years."

Chequered past

Mr Tucker has a long criminal history but Mr Kenny says he has done his time and he should not be deported. Court records point to his violent behaviour and a 12-year jail sentence for attempted murder in the 1980s.
Mr Kenny says deporting Mr Tucker means he is being punished twice for his crimes.

He says Mr Tucker's family is afraid he will commit suicide. "He's really quite struggling. He does have a depressive illness, they are concerned that he may commit suicide if he goes over here," he said. "He has no support network over there, he is a person who does struggle with alcoholism and all of these things are going to come into play when he's suddenly dumped in a foreign society."

His mother Terry Haighton has set up a Facebook site to support his cause. She writes, "I am still fighting. But I feel that Clifford has given up. Each day is a nightmare."


It is not the first time an Australian resident has been deported on character grounds. In 2005, the ABC's Lateline program revealed the case of Robert Jovicic, a long-time resident deported to Serbia on character grounds. He had served jail time for robbery and theft. Mr Bowen has since granted him permanent residency.

But in Mr Tucker's case, a spokesman for the minister says all non-citizens must meet the character requirements of the Migration Act. The spokesman says the decision to deport Mr Tucker was upheld by the Administrative Appeals Tribunal and backed by the full Federal Court.

Mr Kenny says the Parliament needs to amend its legislation to ensure people who are effectively Australian are not deported.

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Old 17th April 2011, 06:32 PM   #2
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An assault charge that would have occurred many years ago is not a relatively serious offense unless recidivism is involved. The criminality based on a single incident, or even in a series of incidents over a short period of time, does not make a person inherently enduringly criminal. Secondly, if he is an absorbed person and it appears he is, absorbed persons carry strong mitigating factors in support of the past and future general good behaviour. It is not easy for the Minister to deport an absorbed person who is also a permanent resident based on a single assault charge. if that is the general rule many of us would have been deported. If death had occurred of a victim due to the assault, the circumstances that caused the death may well be mitigated by the circumstances under which the assault had occurred. Even an unlawful resident has human rights that are accorded to permanent residents.

MSI direction 41 minimises the seriousness of breach of sect 501.

I am really surprised that an absorbed person, even as a non citizen, is being deported for assault under the full judicial process. Without knowing the full facts of the background it would be difficult to comment, however, I am sure his lawyer or the agent would have worked the full provisions of the law.


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Old 18th April 2011, 11:54 AM   #3
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Quote:
Originally Posted by Robert K Chelliah View Post
........ I am sure his lawyer or the agent would have worked the full provisions of the law.

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Spot on with your analysis Robert, thanks.

Which makes one wonder if there is not a lot more to the story than meets the eye (or reported in the press).

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UPDATE: Deported UK man arrives in London
Old 20th April 2011, 01:19 PM   #4
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A man deported from Australia after living in the country for over four decades has returned to the United Kingdom.

Clifford Tucker, 47, who arrived at London Heathrow airport, has not lived in the UK since he was a child.

Immigration Minister Chris Bowen cancelled Mr Tucker's visa after it was found he had breached the Migration Act because he failed a character test.

Mr Tucker was jailed for 12 years for attempting to murder a policeman in 1983 as a 19-year-old and returned to jail for two years for assaulting another person.

"I've just been dumped in this country here. I have no support here, I have no house here, I have nowhere to go," he told the BBC after arriving in London.

Mr Tucker's family emigrated to Australia when he was six years old, but he never became a citizen.

The federal government has paid for six weeks accommodation for Mr Tucker and given him GBP2500.

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Old 20th April 2011, 04:19 PM   #5
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Australia deports British-born man


A British-born man who has lived in Australia since he was six has been deported to the UK due to his violent criminal record, despite calls for him to stay.

Transcript

ALI MOORE, PRESENTER: A British-born father of three who has lived in Australia since he was six years old has been deported after failing a government character test.

Clifford Tucker spent 12 years in jail in the 1980s and 90s for a series of violent crimes, but only came to the attention of immigration authorities when he took his first overseas holiday to Bali in 2008.

Legal scholars say the banishing of long-term residents following a criminal conviction is a controversial practice, but it's one the Government has been using increasingly, as Peter Lloyd reports.

PETER LLOYD, REPORTER: When Thai Airways flight 478 left Sydney today one man on board was a reluctant passenger, leaving Australia against his will after an 18-month legal battle.

By his own admission, Clifford Tucker has a long history of violence.

CLIFFORD TUCKER, DEPORTEE: The first one was 1983. I got a 12-year sentence for attempted murder on a policeman when I was 19. Got out in 1991, found it very hard to adjust. So I started drinking heavily, started smoking cannabis heavily. That ended up with me going back to jail for another two years for an assault on a person who stole some money from me.

PETER LLOYD: After that sentence, Clifford Tucker says he was diagnosed with depression and a personality disorder. He was also battling alcoholism.

CLIFFORD TUCKER: I wanted to commit suicide in 1997, I think it was. I went into the police station with a lump of wood. I thought if I started smashing it up, they would shoot me. Unfortunately, they didn't. They just overpowered me and arrested me and done me for wilful damage and assault and I got two years for that as well.

PETER LLOYD: A holiday to Bali in 2008, his first overseas trip, was the turning point.
Clifford Tucker had run afoul of the Migration Act.

MICHELLE FOSTER, UNI. OF MELBOURNE, LAW SCHOOL: Under Section 501 of the Migration Act, the minister can at any time cancel a person's visa if the minister takes the view that that person has failed the character test.

PETER LLOYD: It hasn't always been so easy for the Government to remove someone.

MICHELLE FOSTER: When the Hawke Government came into power in 1983, they passed an amendment to the Migration Act so as to essentially protect the residency of persons who'd been here more than 10 years. And the idea was that, look, these people had been formed by Australian society. We're responsible for them, and so they need to have that right to remain.

PETER LLOYD: Under the Howard Government, the law was amended again. The length of a persons' stay in Australia no longer mattered if like Clifford Tucker they were deemed to have failed the character test.

Observers like Michelle Foster from Melbourne University Law School argue the Migration Act was meant to keep undesirable people out, not exclude those already here for most of their lives.

MICHELLE FOSTER: There was never any discussion or any intention for that provision to apply to the plight of long-term residents. And indeed many committees that have studied the history of these provisions since that time have identified this problem, have said, "Look, 501 was never designed to be used in the context of persons who've been here a long time, particularly more than 10 years.

PETER LLOYD: Clifford Tucker's mother says her son's mental health problems mean he deserves more consideration and support from the country he has called home since he was six. He deteriorated, she says, after being repeatedly sexually assaulted during his first prison sentence.

TERRY HAIGHTON, MOTHER: When he came home he had post-traumatic stress and was going into deep depressions quite a lot.

PETER LLOYD: The Tucker family mounted an appeal before the Administrative Appeals Tribunal. The tribunal also listened to Tucker's estranged partner and their three children.

Justice Buchanan found that, "All three children expressed some level of fear of their father. His conclusion left no room for further appeal. "We are in no doubt," he said, "that there is a risk of violent behaviour from Mr Tucker, and therefore of harm to others, if he remains in Australia."

A day ago before his deportation, Clifford Tucker was telling a different story.

CLIFFORD TUCKER: I'm not a career criminal. I'm not a psychopath. I haven't committed any violent crimes for 10 years, since 1999.

PETER LLOYD: His lawyer argues that the Government is punishing a man twice over.

STEPHEN KENNY, LAWYER: When people were transported to Australia they were sentenced to be transported to Australia for life. In this case he's gone through an administrative process that found that he fits a criteria and for that he's not only being transported for life to England, he's also being asked to pay for the privilege.

PETER LLOYD: Mr Tucker says he's been presented with a bill for his airfare and that of three escort guards, a total of $14,000.

In a statement, Immigration Minister Chris Bowen said, "The Government takes very seriously its role in protecting the Australian community from unacceptable risk of harm from criminal or other serious conduct by non-citizens."

Clifford Tucker's case is far from isolated.

MICHELLE FOSTER: In 2008 the then minister for immigration, Senator Chris Evans, gave some information to the Senate estimates committee. At that time there were 25 people in detention whose visas had been cancelled under 501, and only one of those 25 had been in Australia for less than 10 years. And in fact by far the majority of those people had come to Australia as either minors or young people.

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unfair deportation
Old 12th August 2017, 11:41 PM   #6
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my name is ryan withers I am to be deported to the uk I am 45 years old I have been here since I was 11 months old I was charged with trespass theft of a small amount of copper wire scrap wire not new and break and entry basically I trespassed on a construction site took some scrap wire and entred the site office the door was unlocked I took nothing but its classed as break and entry I was given 18 months and was released on parole after 10 months then taken to bita in Brisbane and I am to be deported in the next two weeks apparently I have been here for 11 weeks so far I was on a carers pension looking after my mum for the past 23 years sadly mum passed away on the 4 of may 2017 I don't want to go to the uk but no one will help me to stay the prison guards deliberately stuffed up my revocation paperwork so it was 3 days too late lawyers wont help me cos I have no money they are sending me back with 240 pounds and 5 days accom then im on my own I have no idea of what im going to do I honestly think I may not make it over there im 45 with no qualifications so getting a job may be hard this is the first time I have been to jail I regret what I had done and I got locked up for it im not a violent offender im liked by everyone that knows me I just made poor decisions and now my entire life is ruined I feel overpunished after all I was released on parole I deserve to stay here here is all ive ever known I have no one in the uk what am I going to do I really don't know I would rather be dead but I don't have the guts to kill myself.....RYAN WITHERS

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