Thread: Thirty years in Australia, then deported to die

Thirty years in Australia, then deported to die
JOEL GIBSON LEGAL AFFAIRS
December 7, 2009

Andrew Moore... separated from son after failing character test. Photo: Supplied
ANDREW DEREK MOORE arrived in Australia from Scotland aged 11. Almost 30 years and a string of convictions later, Australia decided he had failed its character test and cancelled his visa.

On October 20, after a decade-long stretch in jail and immigration detention and despite serious health problems that were known to Australian authorities, Mr Moore was sent ''home''. Leaving behind a teenage son and his extended family, the 43-year-old recovering alcoholic was released at Heathrow Airport at 6am with $1000 cash, medication and a hotel booking. Two days later he was dead.

British police are now asking why. The Australian Government denies any responsibility.

But Mr Moore's death has shone a spotlight on Australia's practice of washing its hands of up to 70 people a year who are Australian in all but citizenship - and often seriously unwell.

Unlike the cases of Cornelia Rau and Vivian Alvarez Solon, they attract little sympathy because they are convicted criminals. Some, such as Robert Jovicic and Ali Tastan, have been allowed to return after being found destitute and ill living on foreign streets.

Others, such as so-called ''one-woman crime wave'' Patricia Toia, have strained diplomatic relations by allegedly committing crimes upon arrival in the country of their birth.

News of Mr Moore's death has spread among critics of migration policy, who see it as the most egregious example yet of a heartless deportation regime.

Peshawa Shalley, a staff member at Central Park Hotel in London, said Mr Moore checked out after a couple of days despite his ground-floor room being booked for a month.

The Metropolitan Police said they were called to a block of flats 15 kilometres away in South Lambeth Road on October 23, where a seriously injured man was lying on the footpath outside.

He was pronounced dead shortly after arriving at hospital and an autopsy was inconclusive. The death is being treated as unexplained and detectives are investigating it, a New Scotland Yard spokesman said.

Mr Moore was no angel. His problems with alcohol and the law began aged 14 and culminated in a conviction for manslaughter after he stabbed a drinking buddy in a drunken brawl in 2000.

But his son, his parents, his siblings, nieces and nephews and ex-wife all fought to keep him in Australia, promising to support him if released.

Mr Moore's family have so far declined to comment on his death. He was the subject of a talkback radio campaign in Melbourne before his deportation, when host Derryn Hinch said it was a ''cynical sick joke on the Australian public'' that he had been allowed a TV set and a DVD at Maribyrnong detention centre after escaping in May and turning himself in four months later.

He was being ''treated like a VIP'', said Hinch, and was ''swan[ning] around in a blue bathrobe and treat[ing] the place like his own Ritz-Carlton.''

A source familiar with Mr Moore's case said he was in fact wearing a dressing gown because he was chronically ill.

''His face was like a skull'', the source said, his body racked by a failing liver, hepatitis C, fibromyalgia and bowel problems. ''A puff of wind would have blown him over.''

The source said the centre's operations manager later apologised to Mr Moore for the leaks, which he considered payback for his escape.

The refugee advocate and former ABC journalist John Highfield said criminal deportees attract little sympathy but the policy has far-reaching consequences.

''It's beyond the criminals themselves. It's a punishment on the families as well. Andrew has a 15-year-old son who is now grieving and wanted to be with his father despite his record.''

Professor Louise Newman, director of the Monash University Centre for Developmental Psychiatry and Psychology, said Mr Moore's death demanded a review of how the Immigration Department assesses the travel risk for deportees.

''At what point do we decide that someone is actually fit, particularly if they have mental health or other significant issues?

''People with significant problems, whether they are criminals or not, need a full risk assessment. It's a very hard thing for them to make a transition like that.''

A spokeswoman for the Immigration Minister, Chris Evans, declined to comment on the case, saying deportations were an operational matter for his department.

An Immigration Department spokesman said Mr Moore was assessed as fit to travel by International Health and Medical Services, was provided with medication and was due for a clinical review on October 26, the day his family reported him dead.

Heathrow Travel Care was supposed to meet him upon arrival but was not available until business hours, so he said goodbye to his minders and made his own way to the hotel.

He had a ''destitute allowance'' of $700 and a $300 ''cold weather clothing allowance'' and made contact before his death with a social services agency engaged by the Government called Prisoners Abroad.

''The department made all appropriate arrangements for his return,'' the spokesman said. ''The Government does not consider itself responsible for Mr Moore's untimely death and extends its condolences to his family and friends for their loss.''

Senator Evans has said he remains determined to deport foreign-born residents convicted of serious crimes, no matter how long they have been here.

It is estimated that about 70 people a year are deported for character reasons. Most - up to 40 - are sent to New Zealand, to its government's dismay.

According to the Commonwealth Ombudsman, the offences committed by them are typically drug-related, or involve property and theft crimes, armed robbery or assault.

They make up a significant portion of those in immigration detention and some spend longer there than they spent in jail.

Until 1999, anyone who had lived here for more than 10 years could not be deported.

The Howard government toughened the test, resulting in the high-profile cases of Jovicic, Toia, Stefan Nystrom and Ali Tastan.

The Rudd Government softened the test in June, making the length of time a person has been in Australia a primary consideration.

But Michael Grewcock from the the University of NSW law faculty says those changes have had no discernible effect, and the practice should be abolished.

Dr Grewcock told a conference in Perth last week that while the facts of Mr Moore's death remain unclear, his case ''provides a dismal example'' of the deportation policy.

''In this case, the consequences literally were fatal; in virtually all cases, multiple forms of additional punishment beyond those envisaged or sanctioned by the sentencing court are inflicted upon the prisoner. This not only has damaging individual consequences but also has the potential to undermine parole, risk assessment and the nature of the sentencing process as a whole.

''Moreover, the operation of s501 allows for inconsistent and discretionary political interventions against unpopular and often very vulnerable prisoners.''

''At a minimum,'' Dr Grewcock said, ''some systematic scrutiny of it is required.''

http://www.smh.com.au/national/thirty-y ... -kcyk.html

Probably drank up his 1,000 or committed suicide.

Dixie

So how many Australian lives, property and incarceration costs has this 1 illegal alien cost the Australian people? They should count those before they count tears for this man. It's sad that he died, whether he died in Australia or Great Britain, but at least he died on the soil of his citizenship where he belonged, home at last.

An illegal in trouble from age 14 deserves no pathway to citizenship. Australia put up with him long enough. And if he was severely injured on a footpath in Britain, where did those injuries come from--another drunken brawl, perhaps?

An Australian SOB story for a change.

Exactly. I guess they're realizing there are no tears here in America for Illegal Aliens. About time!