My name is Leslie. I am a 66-year-old New Zealander and I have been incarcerated since August 2023 on a charge of dangerous driving causing GBH.

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At my first court appearance in September 2023, I was fortunate to have a legal team that was aware of the immigration law surrounding international prisoners and that advised me to research deportation and visa cancellations and enlist immigration lawyers as soon as possible.

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My barrister explained that, once I am sentenced, the court is obliged to inform the Department of Home Affairs of the outcome in my head sentence and, if the prison time exceeds 12 months, I would be on immigration’s radar for deportation. I was shocked and fearful at hearing this. I incorrectly assumed my permanent residency visa granted in 1980 on arrival in Melbourne was a lifelong entitlement.

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My lack of knowledge and fear of deportation prompted me to take my barrister’s advice as soon as I was remanded. I began my research. My first port of call was the PLS (Prisoner Legal Service) free call via Queensland Correctional Services prisoner telephone service and RAILS (Refugee and Immigration Legal Service). RAILS was more difficult to access because I had to liaise with them initially through my barrister in my criminal matter and then by post. Both agencies provide essential information, advice and a list of specialist immigration lawyers to assist detainees prepare their appeals and represent them against deportation.

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The cost of immigration lawyers unfortunately was prohibitive (the cheapest estimate I received was $15,000). I therefore had to work things out myself. I was forwarded a 200-odd page visa cancellation document by both PLS and RAILS. It is an imperative guide to completing your submission to the department.

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In the guide is a visa cancellation document. It explains exactly what the department expectations and requirements are and also provides examples to address the appeals process and the options available to you. These include an appeals process through the tribunal and direct appeal to the minister should your submission to avoid deportation be declined.

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One thing that did concern me was that, once the department informs you your visa has been cancelled, you have 28 days to submit your appeal to the Department of Home Affairs National Character Consideration Centre. No exceptions!

I had no idea how long I would remain on remand, and, once sentenced, I expected the Department of Home Affairs to contact me. I knew I needed to get ready. The evidence required for my type of visa – S501(3A) – could only be supplied to me through the FOI (freedom of information) process. In my case, it took almost a year to gather medical records, mental health records, QPS records, probation and parole records, corrections records, court records and ATO records dating back to the date of my arrival. Other documents required were character references from family, friends, community members, business associates etc.

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I was sentenced after a year on remand and expected a visit from sentence management or Home Affairs officers to confirm my visa cancellation.

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I was fully aware of the time constraints to submit my application within 28 days after notification of visa cancellation, and I had only just received all the documentary evidence required and finally able to start a rough draft of my submission. With all the criteria I had to address, with accompanying documentary evidence, this took me a further 4 months to complete.

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Thankfully, I still had not been contracted by the department as expected and was even hopeful that either the department had overlooked my case or I was no longer “under their radar”, as my barrister had suggested. My hopes were raised significantly after I contacted Sentence Management, who informed me the Department of Home Affairs advised them I wasn’t required to do anything in relation to my visa cancellation.

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I am now 8 weeks away from my release and, to my surprise, I get a call from an immigration official to inform me my visa would be cancelled the day of my release and I would be escorted to a detention facility. If I chose to appeal the decision, I had 28 days to do so or face certain deportation.

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I’m telling my story as a warning to all international prisoners in Australian prisons regardless of visa type – if you meet Border Force enforcement criteria for deportation, don’t wait for confirmation. If you want to stay, start your application ASAP.

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In the 2 years I have been in this unit of maximum 90 inmates, five have been detained and three already deported – one to Africa, one to India and one to Germany – all on student visas. There are currently 17 others, myself included, with various visa types, from spousal, student, permanent, residency, work and full citizenship.

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A major proportion of the prison population have basic literacy levels and complex medical and mental health issues, come from low socio-economic demographics, have language issues and certainly do not have a spare $15,000 to engage professional immigration lawyers to navigate through the visa cancellation process.

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I’m not sure whether About Time is available at immigration detention centres (I hope so). However, I intend to send in a follow-up article from Pinkenba Detention Centre whilst I await the outcome of my application.

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By the way, there appears to be no time constraint on immigration officials to investigate applications, so I don’t know how long I will be in detention. The only way I can avoid remaining in detention is to return to New Zealand and be free in the community whilst my application is under investigation. I was warned by RAILS not to take this option as, once I am out of the country, the chances of a favourable outcome and re-entry to Australia are minimal and the appeal process to the tribunal and the minister virtually impossible from abroad.

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Thank you, About Time – the printed voice of the prisons.

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Leslie