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April 27, 2011 Australia – Clifford Tucker, a British citizen who has lived in Australia for more than 40 years, has lost his bid of being deported on character grounds.

Tucker had traveled to Australia when he was six-year-old; however, he never became a citizen. At the age of 47, his criminal activities had placed him at odds with Australia’s migration laws.

Australian Immigration Minister Chris Bowen, who was begged by Tucker’s family in South Australia to intervene in the case, has rejected their pleas.

The Australian Immigration authorities had only become cognizant of Mr. Tucker when after a holiday to Bali, he applied for an Australian visa to re-enter Australia.

Tucker was convicted of assault in 2009 and, therefore, the Immigration Minister sought to cancel his visa.

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

Stephen Kenny, the family’s lawyer, said that Tucker’s human rights are being violated.

He explained that’ Tucker is a person who has really been assimilated into Australia, so for all intents and purposes, he is already an Australian citizen, however technically he is not a citizen of Australia and so he is subject to deportation.’

He also added that there is really a breach in his human rights for it is in Australia where he grew up, where his family all lived in and where he identifies with for the last 41 years.

Kenny says that though Mr. Tucker has a long criminal history, he has already done his time and therefore should not be deported.

Court records shows that Tucker has a violent behavior and a 12-year jail sentence for attempted murder in the 1980s.

Kenny says Tucker’s deportation would indicate that he is being punished twice for his crimes.

Tucker’s family is afraid Tucker will commit suicide.

Kenny added that Tucker is really quite struggling with his condition and he already has a depressive illness so Tucker’s family is concerned that he may commit suicide if he goes to Britain.

Terry Haighton, Tucker’s mother has set up a Facebook site to support his cause.
One should note that it is not however the first time that an Australian resident has been deported on character grounds.

The ABC’s Lateline program in 2005 revealed the case of Robert Jovicic. He was a long-time Australian resident deported to Serbia on character grounds for he had served jail time for robbery and theft.

Mr. Bowen has long since approved Jovicic’s permanent residency.

However, according to a spokesman for the minister, in Tucker’s case all non-citizens must meet the character requirements of the Migration Act.

The spokesman reiterated that the decision to deport Tucker was upheld by the Administrative Appeals Tribunal and backed by the full Federal Court.

However, Kenny commentated that the Parliament needs to amend its legislation to ensure that people who are effectively Australian are not deported.
 
source:
abc.net.au