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Home / New Zealand

Australia deports 'deeply religious' Kiwi for sexually abusing daughter

Anna Leask
By Anna Leask
Senior Journalist - crime and justice·NZ Herald·
6 Aug, 2019 03:05 AM6 mins to read

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A Kiwi man has been deported from Australia for sexually abusing his adopted daughter. Photo / File

A Kiwi man has been deported from Australia for sexually abusing his adopted daughter. Photo / File

A New Zealand man has been booted out of Australia for repeatedly sexually abusing his adopted daughter - despite his pleas to stay there to care for his "frail" elderly parents.

Australian authorities say the risk to the public is too great to allow the man to remain across the Tasman, and have cancelled his visa.

A decision from the Administrative Appeals Tribunal of Australia outlined the "appalling" offending and the reasons for the cancellation.

The man first moved to Australia in 1971 when he was 13. He cannot be identified to protect his children.

In 2008, he and his wife moved to a country he described as "third world" to set up a humanitarian organisation supporting orphaned children. While there the couple adopted two children.

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They returned to Australia on a number of occasions over the years including in 2014 when he sexually assaulted one of the children by putting his hands down her pants and touching her genitals.

The offending against the girl continued when they went back overseas - including "while she slept".

His offending also escalated and in 2015 the girl told her mother what was happening.

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"Arrangements were subsequently made for [the man] to sleep in the girls' bedroom and the girls with their mother," the decision stated.

"This is noted to have continued for approximately six weeks.

"Arrangements were also made to limit his time alone with the victim and that he was to no longer bath her."

In January 2018 the family returned to Australia in January 2018 so the man could "seek appropriate treatment as he wanted to ensure that he never abused his child again".

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He phoned a counsellor and disclosed the offending, then on advice, attended a police station and admitted his offending.

In August 2018 he was convicted on two counts of indecently assaulting a person under 16 and was sentenced to 10 months in prison with a non-parole period of five months.

In November last year his visa was cancelled on the basis that he did not pass the character test due to the fact a court in Australia had convicted him of sexually based offences involving a child.

A month later he requested that the cancellation decision be revoked but the Minister for Home Affairs refused.

The man then applied to the Administrative Appeals Tribunal of Australia for a review and the matter was heard on July 10.

The Herald has obtained their decision.

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The tribunal heard that the man and his wife - both "deeply religious Christians - separated in 2018 and she had taken the children back overseas.

He said he was "disgusted with himself" and "sickened by his offending as he was supposed to love and protect his daughter and that he betrayed her trust by his appalling offending against her.

"(The man) indicated that life (overseas) was very difficult for him and his wife," the tribunal stated.

"He said that they were working seven days a week for the charitable organisation which they had established … he and his wife had drifted apart 'emotionally and physically'.

"(The man) indicated that when his offending began he felt isolated and alone and that this led to deep depression."

The sex offender presented the tribunal with evidence that he had attended "numerous" sessions with a sex addiction therapist and regularly attended Sexaholics Anonymous group meetings.

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One of his arguments to stay in Australia is that he had several adult sons, two siblings and his parents - both in their 80s and described as "frail" - all living there.

He said while he had relatives in New Zealand, he had no ongoing relationships with them.

He argued that if his visa remained cancelled it would cause "great hardship" to him and his immediate family.

"(He) indicated that if he were no longer able to remain in Australia he would have to return to New Zealand.

"He said that his criminal offending against (his daughter) would prevent him from being able to return (overseas) to work with children.

"(He) indicated that if his visa remained cancelled, he would never see his parents again … that he would not be allowed to return to Australia and his parents were too frail and medically unfit to travel overseas … that he would not be able to continue to care for his parents in Australia and that when they passed, he would be unable to attend their funerals here."

The offender said that "the thought of these things caused him great distress".

He also revealed his hopes to reconcile with his estranged wife and "have some contact and play some role in the lives of his two adopted daughters in the future".

The tribunal heard that the man was deemed low risk of reoffending and considered a number of references from his friends and family.

"The Tribunal is willing to accept that (his) risk of reoffending is low," the decision said.

"However, given that the offending occurred relatively recently and continued for a period of approximately two years and involved appalling sexual abuse of his own adopted daughter, and given that (he) continues to recognise that he needs treatment in order to ensure that he will not reoffend, the Tribunal considers that the low risk that the Applicant will reoffend is a real one.

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"After considering the above, and all of the evidence provided in documentary form and orally at the hearing, the Tribunal finds that there is a real risk that (he) will commit sexual offences against children in the future if he is allowed to remain in Australia."

They ruled that the man's offending was "extremely serious" and said their primary consideration had to be "the protection of the Australian community".

"The Tribunal has found that (the offender) does not pass the character test and that there is not another reason why the cancellation decision should be revoked," the decision said.

"Therefore, the Tribunal finds that the Minister's delegate's decision, to refuse to revoke the decision to cancel the Applicant's visa, is the correct decision."

It is not known when the man will return to New Zealand or where he will be based.

Australian authorities refused to comment for privacy reasons.

SEXUAL HARM - DO YOU NEED HELP?

If it's an emergency and you feel that you or someone else is at risk, call 111.​

If you've ever experienced sexual assault or abuse and need to talk to someone contact the Safe to Talk confidential crisis helpline on:

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• Text 4334 and they will respond

• Email support@safetotalk.nz

• Visit https://safetotalk.nz/contact-us/ for an online chat

Alternatively contact your local police station - click here for a list.

If you have been abused, remember it's not your fault.

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