After decades of criminal offending, a 57-year-old man living in Australia — whose parents were Australian citizens — has been deported to New Zealand despite not setting foot in the country he was born in since the 1960s.
Micheal Scott Fear was born in New Zealand to his Australian parents, who were briefly living with family before returning home to Australia soon after. He was two years old when his family left New Zealand.
Following an Administrative Appeals Tribunal of Australia decision, Fear was deported three weeks ago under section 501 of the Australian Migration Act — unfamiliar with the county he was born in, with no family living here.
The controversial act gives Australian courts the right to deport any foreign citizen who fails to meet a "character test".
His deportation is the result of a life of crime that included domestic violence offences, drug charges and a 30-hour meth-fuelled standoff with police.
Fear's deportation was ordered following a criminal conviction in 2021. His appeal at the tribunal was a last-ditch attempt to stay in Australia, the country where his children and grandchildren live.
The offending began in his teenage years and would carry through to the 2000s when he would steal cars to fuel his "drug habit" — as well as engage in domestic violence.
Fear's most serious offence was in 2007 when he pointed a shotgun at police officers while yelling: "Get out of my house pig, or I will f***ing kill you."
This was followed by a 30-hour siege where police negotiated with Fear, eventually convincing him to surrender.
It was later discovered the shotgun could not be fired. Fear had also been consuming methamphetamine daily for six months — claiming he had not slept for "three weeks" when the incident happened.
In 2006, he was convicted for assaulting his partner with a gun and throwing a drawer at her. The same year he hit a woman with a piece of timber.
He was convicted for attacking other former partners in 2015 and 2021.
He is estranged from his family because of his lifestyle but claims a desire to "reconnect" with them if he "improves" himself.
Fear gained two drug convictions in 2021, connected to "quantities of non-cannabis drugs at supply levels".
The decision stated: "Mr Fear has engaged in frequent and sustained criminal offending for approximately 20 years, the cumulative effect of which the tribunal finds is very serious."
It also states he had been warned further convictions would result in his deportation, which was when Fear claimed he discovered he was not an Australian citizen.
"Mr Fear acknowledged receipt of these notices and warnings but continued to commit criminal offences and was convicted by the courts in 2010, 2011, 2013, 2015, 2016, 2018 and 2021 and sentenced to terms of imprisonment on a number of those occasions."
While appealing his deportation, Fear said he would suffer "anxiety attacks", and he couldn't believe that he would be "thrown out of my country".
"[The offending] cost me everything. There is not much else I can say — it's cost me my family, relationships, freedom, my country," he said.
"I'm sorry for everything, you know, I don't know how to put it into words."
Could 'impact' NZ/AUS relationship
During his appeal, Fear referenced a submission made by The New Zealand High Commissioner to Australia, Chris Seed, to the Australian Parliamentary Joint Standing Committee on Migration.
Seed said that Kiwis who made their life in Australia were "essentially products of the Australian system" — his deportation could sour diplomatic relations between the two countries.
"Without elevating the importance of the tribunal's role, it accepts this decision, and those of a similar nature, may have an impact on Australia's relations with New Zealand and may be viewed negatively by the New Zealand Government," the tribunal wrote in its decision.
"These factors, therefore, weigh in Mr Fear's favour. However, the weight attributable to this additional consideration is minimal."
His appeal was denied and Fear's deportation was ordered.
It comes as the issue of 501s continues to be discussed in New Zealand.
In July last year, former prime minister Jacinda Ardern and Australian Prime Minister Anthony Albanese agreed that Australia would adopt a "common sense approach" to deportations.
It means the "strength, nature and duration" of ties to Australia must be considered before an offender is deported to New Zealand.
SHARE ME