Sini, who had lived in Australia since November 2000, was deemed to have failed the “character test” under Section 501 of the Australian Migration Act because of his substantial criminal record.
People who fail the character test can have their visas to be in Australia cancelled and become liable to deportation. The thousands of New Zealand citizens forcibly sent back across the Tasman are often referred to as “501s”.
Sini appealed to tribunal
Sini applied to immigration authorities to review their decision to cancel his visa and, after being turned down, took his case to the Australian Administrative Review Authority.
Asked by the authority to detail his “strength, nature and duration of ties to Australia”, Sini filled in a form stating that he had four siblings, three cousins, 20 aunts and uncles, 90 nieces and nephews and 100 cousins as family living in Australia.
Later, giving evidence in person, he said he had five siblings in Australia, as well as his more distant relatives, and gave an even higher number of cousins.
“With respect to his extended family, the applicant’s evidence in the hearing was that he had 300 to 400 cousins in Australia,” tribunal member Sydelle Muling said in a decision published this week.
Although Sini hardly knew some of them, he would see many of them during family get-togethers, most recently at Christmas in 2023.
“When asked how many cousins he spoke to, he stated probably about 50 to 100,” Muling said.
“He stated some of them lived in Mount Druitt [in Sydney] or would visit on weekends from elsewhere, and he would generally see these people during social gatherings or tournaments held around various parts of Australia.”
Despite these family ties, and being involved in his church community and a Tokelauan rugby league team, his ties to Australia “provide limited weight” in favour of revoking the cancellation of his visa, Muling said.
Nor did she find any other reason to allow him to stay.
When she came to consider the impact of removing Sini on Australian business interests, for example, she noted that he had not had a job since 2019.
In regard to Sini’s offending, Muling said Sini was at his ex-partner’s house in 2024 and was asked to leave.
The Mount Druitt Local Court was told that an argument between Sini and his former partner escalated and became violent.
Sini dragged her up and down the house, threw her towards some stairs, and pushed her up a hallway with his arm wrapped around her neck.
She feared he would choke her.
Sini jailed for 14 months
Even though Sini disputed some of the evidence about what happened, he was convicted of family violence offences and a breach of an apprehended violence order – an Australian equivalent of a protection order.
He was jailed for 14 months.
Muling said Sini had family violence convictions against a previous partner in 2003, 2004 and 2006, and his later partner in 2020, 2021 and 2024.
The penalties for those assaults and breaches of court orders included short terms of imprisonment.
“The Australian Government and the Australian community view this type of [family violence] conduct very seriously,” Muling said.
She affirmed the earlier decision that Sini’s visa cancellation should not be revoked.
Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME’s Open Justice team in 2022 and is based in Hawke’s Bay. His writing in the crime and justice sphere is informed by four years of frontline experience as a probation officer.
