FAQs for Returning Offenders
These FAQs have been prepared for returnees from Australia. However, the information may also be helpful for returnees from other countries including the United Kingdom and United States of America.
To keep your visa that allows you to remain in Australia, you must meet certain health and character requirements. If something changes and you no longer meet these requirements, your visa may be cancelled, and you could be removed from Australia.
Good character:
Australian law means you must be of ‘good character’ and remain of ‘good character’ to live in Australia.
If you have been assessed as no longer meeting the ‘good character’ requirements, your visa may be cancelled.
Australia will look at several things when reviewing your visa due to character grounds, including:
- protection of Australian community
- best interests of any children in Australia
- Australia’s international legal responsibilities
- impact on your family if your visa is cancelled
- impact on Australian business and community interests.
Mandatory cancellation:
Australian law means if you have been sentenced to imprisonment for longer than one year or if you have been convicted of offending sexually against a child, they must cancel your visa.
Appeals:
Depending on the reason your visa was cancelled, different appeal options apply and there are often strict time limits associated with these.
Australian immigration authorities can talk you through your appeal options.
To avoid spending a long time in an Immigration Detention Centre, you can choose to return to New Zealand while your appeal request is reviewed. If your appeal is successful, you can return to Australia, so long as you have not offended while in New Zealand.
Support is available to you in New Zealand even if you have an active appeal pending.
Arriving at the New Zealand airport:
New Zealand Police will meet you at the gate when you get off the plane. They will take you somewhere private to talk to you and collect some information from you. This could include a DNA sample – there are no needles used in the process.
The Department of Corrections may talk to you after the Police if you will be monitored on a Returning Offender Order. Corrections will explain everything to you and make sure you get to your accommodation.
Support in New Zealand:
Support services are available to help you resettle in New Zealand.
Te Pā or PARs (depending where in New Zealand you arrive) can help get on your feet. They can help you apply for a benefit, find employment, find accommodation, engage in training, enrol with a doctor etc.
It is up to you whether you connect with these support services.
Accommodation in New Zealand:
In most cases, Australia will provide you with short-term temporary accommodation for the first few nights in New Zealand.
It is helpful to know if you have any friends or family in New Zealand who you would like to connect with and/or stay with on your return. You can provide this information to the Australian Border Force staff member meeting with you to arrange your travel.
Money in New Zealand:
In most cases, Australia will provide a small amount of money to assist you for the first few nights in New Zealand. It is best you change any cash you may have into New Zealand Dollars before you leave the airport.
New Zealand has Work and Income (Centre Link in Australia) to help find employment, and you can also apply for financial support from them.
Monitoring in New Zealand:
New Zealand legislation means if you have been deported, removed, or voluntarily returned from Australia, you may be subject to monitoring by Corrections on a Returning Offender Order.
The length of time you are on an order for is determined by the term of imprisonment you received in Australia:
Sentence length | Order length |
|---|---|
A sentence of more than one year to two years' imprisonment in an overseas jurisdiction | Six month Returning Offender Order |
A sentence of more than two years' to five years' imprisonment in an overseas jurisdiction | One year Returning Offender Order |
A sentence of more than five years' imprisonment in an overseas jurisdiction | Two year Returning Offender Order |
A sentence of life imprisonment (or equivalent) imprisonment in an overseas jurisdiction | Five year Returning Offender Order |
The Department of Corrections’ role is to support your reintegration and rehabilitation in New Zealand, as well as managing any risk within a community setting.
The Returning Offender Order is like Parole which you would likely receive in Australia when released from Prison.
There are standard conditions that apply to anyone who is on a Returning Offender Order, and there may also be special conditions which apply to you. Special conditions are determined through an individual assessment of your circumstances and offending.
Although special conditions vary person to person, common conditions include:
- reporting regularly to a probation officer
- living at an approved residential address
- restrictions of types of employment or people you can associate with
- completing programmes or interventions
- restrictions on consuming drugs and/or alcohol, which includes random testing
- restrictions on your whereabouts which is monitoring by an electronic tracker.
If you find it difficult to comply with any of the conditions on your Returning Offender Order, the best thing to do is talk to your probation officer about it. They are there to support you and want to help you to avoid doing anything that could result in further charges before the Court.
Returning to Australia:
You can’t re-enter Australia without a visa. Whether you can return to Australia will likely depend on the outcome of any outstanding appeals. If you have been unsuccessful in appealing your removal, it is unlikely you will be assessed as meeting the required character grounds to get a visa to re-enter Australia.
Te Pā, PARs, or your probation officer can help support you to find ways to remain connected to your network in Australia. Please let them know if you would like support with this.
Travelling to other countries:
You need to check with the embassy of the country you want to travel to understand the requirements for entry into that country. You should do this before booking any travel.
If you are on a Returning Offender Order, you must have Corrections approval before leaving the country. You must talk with your probation officer about the travel before booking anything and seek approval.
If you attempt to leave New Zealand without approval (while on a Returning Offender Order), you will be stopped at the border by Customs and you may be arrested for breaching the condition of your order.
If you have any questions please email NationalDeporteesTeam@corrections.govt.nz