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Home / New Zealand

He hasn't lived in NZ since age 5, but crim being deported back from Oz

NZ Herald
30 Jun, 2017 03:56 AM7 mins to read

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Iosefa Fiu moved across the Tasman with his parents in 1996, and was granted a Special Category Visa. Stock photo / 123rf.com

Iosefa Fiu moved across the Tasman with his parents in 1996, and was granted a Special Category Visa. Stock photo / 123rf.com

A Kiwi-born man whose crimes in Australia include making bar patrons lie on the floor as he pointed a gun at them, will be deported back here - even though he hasn't been in New Zealand since he was 5.

Iosefa Fiu, 26, moved across the Tasman with his parents in 1996, and was granted a Special Category Visa. He has not returned to New Zealand since.

But in February, the Australian Department of Immigration cancelled his visa because of his history of violent offending including multiple armed robberies, according to a decision by the Administrative Appeals Tribunal of Australia.

In February 2013 Fiu was convicted for six armed robberies, and was sentenced to six years and two months in prison.

Fiu, who was addicted to methamphetamine, carried out the robberies because he needed cash to pay drug debts.

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• Fiu, his brother Pale and two other men forced their way into a gaming parlour in Melbourne, where Fiu swung a machete across the bar, smashed glasses and bottles and threatened bar staff before they made off with $6045.

• Later the same day, Fiu entered a sports bar with his brother and others, and told patrons and the employees to lie on the floor. He approached the cashier demanding money, pointed a handgun at the counter staff and demanded they put money into a bag. Fiu and his brother walked around the bar threatening people and smashing glass display units, and two computers. A total of $2100 was stolen.

• About an hour later, Fiu, his brother and two others entered another sports bar. Fiu was armed with an axe. He used it to smash a glass partition in the smokers' area and some patrons were sprayed with shattered glass.

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His associate approached the cashier and pointed a handgun at the staff and patrons, placed a canvas bag on the cashier's desk and pointed the handgun at the cashier and demanded she fill the bag.

Fiu's brother struck one of the staff twice with his baseball bat, causing bruising. They stole about $5000 and did $30,000 worth of damage.

• Three weeks later, Fiu and two others entered another tavern in Melbourne by smashing a glass panel.

They threatened the staff and patrons and told them to lie on the ground.

Fiu's associate approached the cashier and pointed a handgun at her while Fiu, armed with an axe, and his brother used their weapons to smash four poker machines, causing about $20,000 in damage.

Fiu also took a wallet and a purse from patrons lying on the floor.

"It is significant to take into account the nature of this offending particularly because of the effect it must have had on those innocent persons who were unfortunate enough to be at the venues which were robbed," appeal tribunal member Egon Fice said.

He said Fiu and his brother also assaulted prison officers at the Fulham Correctional Centre when they were refused permission to attend their grandmother's funeral.

"It appears Mr Fiu may have been aware at about that time that the Department of Immigration and Citizenship was examining whether or not to cancel his visa," Fice said.

Fiu will leave behind his extended family in Australia, including his teenage siblings. He will also be unable to visit his mother's grave.

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"Mr Fiu testified that he did not have any family members in New Zealand and on his return to that country would have no support networks," Fice said.

"He would not have a job and would have to find somewhere to live. Having been in prison since 2012 also meant that he would probably have some difficulty in gaining employment. Mr Fiu was also concerned that he would have no money on arrival in New Zealand which would create additional difficulties."

Fiu has an Australian partner who he said may accompany him to New Zealand. He expressed concern she would be without employment and without support of her family.

He will be among more than 700 Kiwis who have had their Australian visas cancelled for a variety of offences ranging from traffic violations to assault.

But Fice noted Fiu had obtained some work skills as a tree-lopper, which may help him get a job in New Zealand.

He said he had attained a "reasonable level of education in Australia", starting but not completing Year 11.

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"Although he has served a considerable criminal sentence, he is still young, and if he is serious about his commitment to remain off of drugs he should be able to overcome some of the barriers that his criminal past may otherwise hinder his prospects of employment.

"I find that other than the emotional attachment to his very large and extended family in Australia, establishing himself and his partner in New Zealand will not be significantly more difficult than it would be upon his release from prison in Australia."

He noted Fiu's father would struggle to visit him frequently or bring other family members to visit because of his work arrangements and the cost of visits.

His lawyer argued that Fiu was struggling with a meth addiction, which began after he found out his mother had ovarian cancer. He had also faced significant pressure as a child from his heavy-drinking, violent father, who wanted him to be a professional sportsman.

The judge who sentenced him in 2013 said Fiu had a "significant work ethic" - backed up by his uncle, who employed him at a tree-lopping company and considered Fiu one of his best workers. Fiu had also established his own business for about two years, which suggested he could re-integrate into the workforce, the judge said.

A psychologist who examined Fiu this year said he had suffered from a range of untreated psychological issues at the time of offending, and had been greatly affected by the death of his mother.

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He had been clean of drugs for five years - a claim backed up by prison urine tests - and had developed insights into the impact of his offending on his victims, the psychologist said.

His partner said she had given Fiu an ultimatum when he entered prison and that he had turned his life around.

In his decision, Fice said: "The impact on victims supports the finding that he should be removed to New Zealand. There are no significant impediments which Mr Fiu will face on return to New Zealand even though I accept there will be difficulties establishing himself there."

Hundreds of expats are expected to be sent back to New Zealand under a controversial Australian rule change which came into force in late 2015 and led to cancellation of some convicts or ex-convicts' visas, no matter how long they had lived in the country.

Justice Minister Amy Adams said she could not comment on individual cases, but that all offenders or ex-offenders deported from Australia faced parole-like conditions when they returned to New Zealand.

"New Zealanders can be assured that our paramount concern is the safety and security of the public," she said.

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Deportees who had been sentenced to more than five years' jail - as Fiu was - must be supervised for two years and will have to report to a probation officer or possibly enrol in a rehabilitation programme.

Since Australia introduced the hard-line law change, 596 offenders have returned to New Zealand. Of that total, 402 were subject to a period of supervision after their return.

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