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Auto deportation of immigrants convicted of serious crimes

In 2002, Senior Constable McEnally, 26, was shot at Hillsdale in Sydney's east after pursuing four men in a stolen car with four loaded stolen guns. The stolen car was driven riven by Motekiai Taufahema, then 25. The car crashed and Sione Penisini shot Senior Constable McEnallay four times through the windscreen. Penisini had fired five times at Constable McEnallay from 10 metres away. McEnallay died in hospital from head and chest wounds soon afterwards.

Senior Constable McEnally

Sione Penisini, was sentenced to 36 years for the murder. The judge at the time described the murder as "a cowardly, senseless and unnecessary crime". Motekiai Taufahema, and his brother John, who was also in the stolen car together with two other men with four loaded stolen guns, were initially convicted of murder, but their convictions were overturned and they both pleaded guilty to manslaughter. They received the same sentence. The fourth man, Meli Lagi, is serving 10 years for firearms offences.’ All four men are Tongan nationals with criminal records.

Motekiai Taufahema's visa was cancelled in August last year and he was to be deported to Tonga once he completed his sentence, but he successfully appealed against the ruling. This month (April 2010) the Criminal Court of Appeal in the Federal Court has now upheld that decision, which means Motekiai Taufahema to stay in Australia.

Immigration Minister Chris Evans says he is considering another appeal and looking at what other action he can take under the Migration Act. "I have sought advice from my department to urgently determine whether there are any appeal prospects," Immigration and Citizenship Minister Chris Evans said in a statement.

"If matters for appeal are identified, I will appeal this decision to the Full Federal Court. If no appeal prospects are identified, then I will fully consider all options available to me under the Migration Act..."

"The manslaughter of a police officer in the line of duty is a most serious offence."

Senior Constable McEnally's father, after the initial sentencing had said, "They're a bunch of grubs," Mr McEnally said. "They took my son's life and they deserve life and I'm not happy with anything less." The dead policeman's fiancee, Amanda Mahon, said there should be a mandatory life sentence for anyone who killed a police officer.

Policeman delivering flowers to hospital where slain Senior Constable McEnallay died

"We loan our men and women out . . . to protect the Australian community and the only thing we ask for in return is if something happens to them then the repercussions be severe."

All four men are immigrants to Australia from Tonga. They have each been convicted of serious crimes in Australia, including the most serious of crimes - the murder of a police officer in the line of duty.

These men have demonstrated contempt for Australian values and laws. There is no reason why he should remain in Australia.

Australian laws need to be immediately changed to automatically deport back to their originating country any immigrant found guilty of a serious crime (indictable offence) in Australia. Then judges won't have an option to allow foreign criminals remain in Australia.

It is obscene and unjust that Australians should be forced to tolerate people from overseas who become serious criminals in Australia.

Bilateral Prisoner Swap

We should go further. Our gaols should not have to wear the cost burden of foreign criminals. Australia should establish bilateral agreements with all overseas countries that foreigners convicted of serious crimes get automatically deported to the origin to serve their sentence. Conversely, Australians overseas convicted of serious crimes are automatically deported back to Australia to serve their sentences. Quid pro quo.

This would mean Sione Penisini, Motekiai Taufahema, John Taufahema, and Meli Lagi get automatically deported to Tonga immediately to serve there respective gaol terms there and be permanently barred entry from Australia.

Scapelle Corby

Jock Palfreeman

Stern Hu

Bali Nine

Importantly, it would also mean that Australians in foreign gaols such as Schappell Corby in Indonesia, Jock Palfreeman in Bulgaria, Stern Hu in China, the Bali Nine in Indonesia [Andrew Chan, Si Yi Chen, Michael Czugaj, Renae Lawrence, Tach Duc Thanh Nguyen, Matthew Norman, Scott Rush, Martin Stephens and Myuran Sukumaran] if convicted, and other Australians gaoled overseas be immediately sent back to Australia to serve their respective sentences here.

West Australian, Holly Deane-Johns, convicted of heroine trafficking in Thailand in 2000 was sentenced to 31 years gaol, but subsequently transferred to Bandyup Women's Prison in Australia in late 2007, escaping the death sentence.

Holly-Deane-Johns

Australians in Australian prisons.
This is moral justice which I challenge anyone to dispute.

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References

‘Evans exploring options to deport police killer’, ABC 7th April 2010
http://www.abc.net.au/news/stories/2010/04/07/2866673.htm?section=justin

Govt seeks advice after Taufahema ruling, The Age, 7th April 2010
http://news.theage.com.au/breaking-news-national/govt-seeks-advice-after-taufahema-ruling-20100407-rs0g.html

‘The night Glenn McEnallay died’, 9th May 2006
http://blogs.theaustralian.news.com.au/garyhughes/index.php/theaustralian/comments/the_night_glenn_mcenallay_died/

‘Tributes for officer who defended city with his life’, Sydney Morning Herald, 4rd April 2003
http://www.smh.com.au/articles/2002/04/03/1017206222051.html

‘Anger at police killer's term’, Malcolm Brown and AAP, 3-Oct, 2003
http://www.smh.com.au/articles/2003/10/02/1064988346855.html?from=storyrhs

‘Australian gets 20 years for murder in Bulgaria’, Georgina Robinson, Ari Sharp [Sydney Morning Herald], 3rd December 3, 2009
http://www.smh.com.au/world/australian-gets-20-years-for-murder-in-bulgaria-20091203-k6p5.html

‘Schapelle Corby could be forced to move to remote East Java’, Herald Sun 5th April, 2010
http://www.heraldsun.com.au/news/breaking-news/schapelle-corby-could-be-forced-to-move-to-remote-east-java-jail/story-e6frf7jx-1225850017353

‘10 years for Stern Hu’, Stephen McDonell, ABC, 30th March, 2010
http://www.abc.net.au/news/stories/2010/03/29/2859384.htm

‘Heroin addicts escape Thai death sentence’, by Mark Baker, The Age, 5th July 2003
http://www.theage.com.au/articles/2003/07/04/1057179158696.html

Wikipedia
http://en.wikipedia.org/wiki/Bali_Nine

Wikipedia
http://en.wikipedia.org/wiki/List_of_Australians_imprisoned_or_executed_abroad

Comments

Does this means that all white people who committed crimes in Australia will be returned as convicted descendants of Britain? This country belong to the aboriginees.

To immigrant 'Motekiai' comment above:

Dig out your copy of Australian Citizenship and read the obligations to Australia and its people.

Those who arrive and accept residency and citizenship have a moral obligation to respect and obey Australian law. So those who then are convicted in Australia of a serious crime have automatically breached their right to remain in Australia and need to be automatically deported to their country of origin.

Same ought to apply to overseas countries including to Australians in overseas countries.

The vicious machete slaughter of Kesley Burgess in Sydney's south-west suburb of Lurnea on 3rd July 2010 by four men described by police superintendent Worboys as of Pacific Islander appearance, if caught and convicted and found to be immigrants must be immediately deported to the South Pacific nation they came from (ie were born). Immigrant have no birth right once they abandon their country of birth - universal golden rule!

Read article:
Chopped to death trying to 'fight for his family' [4th Jul 2010]

In response to Mokekiai (3rd July 2010):

Those born in a country have birth right entitlement to their home and nowhere else.
This means that descendants of immigrants to a country are natural citizens of their birth country and no where else. Such offspring are distinctly a separate nationality to their parents. This was the parents decision and the parents need to live with the consequences: the parents are a different nationality to the children and their rights are completely different.

Indigenous peoples hold a higher moral right to country than anyone else.
But the relative jurisdictive rights between indigenous people and birth descendants of colonists remains unresolved by humanity globally. Perhaps Mokekiai whose name suggests 'ethnic' may suggest ideas?

Pacific Islanders immigrating to New Zealand, naturally have less rights than Maori. Just like if Maori immigrating to Tonga will have less rights than Tongans.
Indigenous and birth rights are naturally and hereditarily superior to immigrant rights. People can't just turn up in another's land and tell local people what to do!
To try to do so is aggressive invasion.

So immigrants in Sydney's infamous ethnic southwest urban enclave 'Bankstown' were found dealing in narcotics, possessing illegal firearms. Then 55 year old Philip Nguyen (obviously a Vietnamese immigrant) has been charged with shooting an Australian police officer, Constable Bill Crews, last night during a drugs raid.

If found guilty,Nguyen if born overseas must be immediately deported to his country of birth. Tolerance is an Australian trait, but such criminality mandates auto-deportation.

Ethnic-thugs are unwelcome in Australia. Why do we have Aussie Special Air Services seconded to Afghanistan, when imported thugs are gunning down Australian police back home? Clearly local police are no match for the terrorist thuggery of violent foreign terrorists permitted on Australian soil.

Australian Immigration is obviously turning a blind eye to its terms of granting residency and citizenship. The public policy mandate of multiculturalism means that even Osama Bin Laden could apply for Australian citizenship in full turban and Kalashnikov -denial of Australian traditional values government public servants have been brainwashed.

Ethnic violence and ethics gangs have no right to Australian gaols.
Bugger ethnics off back to their homeland even if the death penalty prevails there.

Australia is a softy for 'ethnic-thugs' and Australians have had a gut full. Ethnic violent attitude gives all immigrants a bad name.

Send dem ethnic-thugs back!

So all imigrants can freely murder and then just be deported without any punishment. Sounds like an invitation to come here and murder to me!!!!

Perhaps I should shed some light on the current Australian legal situation.

Foreign nationals who commit crimes under Australian law and serve gaol sentences here, generally have their residency visas cancelled on release and are automatically deported back home ( R v Choon Tee Lim - murder of Victor Chang).

If we were to send people back home immediately after being arrested, there would be no guarantee that the person would get the punishment they deserve.

For the accused in the McEnallay case this would put punishment for the murder of an honest Aussie cop in the hands of Tongan courts. And, whether Tongan courts would choose to prosecute depends on it being a crime for a citizen to murder someone overseas.

So unless the foreign nations involved can guarantee a criminal sentence consistent with Australian law, there simply isn't any point considering deportation until a sentence has been served here.

PK: you react by saying: "So all imigrants can freely murder and then just be deported without any punishment."

No, foreigners (be they immigrants, visitors, whatever) if they are accused of committed a crime in Australia, they need to be tried in Australia; then if found guilty, auto-deported to their country of origin. The cost of the deportation, flight, and sentence/incarceration costs are to be at the full expense of their country of origin. The sentence is to be served in accordance with the Australian court's decision.

Look at how many foreigners are in Australia gaols! Why should the Australian taxpayer have to pay for another countries' criminals?

It is for Australian multi-lateral agreements to be updated to ensure this occurs. If a country of origin choses not to respect the sentence, then Australian bilateral ties are undermined. If this is repeated, the Australia Government has a right to deny travel to Australia by all citizens of that delinquent country.

Note this rule is universal. It applies equaly to Australian's overseas like Shapelle Corby. She should have been tried in Indonesia, then upon found guilty, immediately deported back to her country of origin - Australia to serve out her Indonesian sentence.

Recall the United States has does this for Staff Sgt. Robert Bales who has been accused of mass murder. Problem is that he ought to have rightly been tried in Afgahnistan, and if found guilty had has sentence served in the United States. The only change would be that if a death sentence were imposed, that this be commuted to term of natural life imprisonment. perpetuating capital punishment is backward and barbaric, just as stoning and cutting off fingers is barbaric.

Problem is that the United States has one rule for its own citizens and another for its non-citizens. This world policeman needs to have its powers reigned in.

Anon: Quite agree "the foreign nations involved need to guarantee a criminal sentence consistent with Australian law".

John Marlowe

The public policy mandate of multiculturalism means that even Osama Bin Laden could apply for Australian citizenship in full turban and Kalashnikov -denial of Australian traditional values government public servants have been brainwashed.