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Kiwi detainees won’t lose right to appeal

“John Key should know that the “assurances” of a politician don’t override a legal document and the law; that is basic politics”, said Green Party Co-leader Metiria Turei.

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Adams had contacted her Australian counterpart for a “please explain” after the revelations in the form, which have been slammed by Opposition parties. There’s been a dramatic increase in the number of New Zealanders being detained across the Tasman after Australia brought in tough new immigration rules late a year ago.

Detainees who come to New Zealand to appeal their deportation will have a fair hearing, Australian authorities say – and official paperwork suggesting otherwise will now be changed.

And Labour leader Andrew Little says if the Australians have misled New Zealand, “that is a pretty nasty, conniving thing to go and do”.

His statement followed a phone call from New Zealand Justice Minister Amy Adams after it was revealed New Zealanders awaiting deportation were being asked to sign a form that said their appeals may not be heard if they leave Australia.

Detainees are signing the form just to get out, leaving them at the mercy of Australia’s Immigration Department, said Greg Barns of the Australian Lawyers Alliance.

“No New Zealander is prejudiced or has their appeals in any way dismissed by returning…No New Zealander is required to pay a charge”, she said.

Asked if she had been misled by the Australian Government, Ms Adams said if Australia was not living up to its commitments, that would be taken very seriously.

The Australian immigration department has clarified the situation regarding individuals who have their visas cancelled and confirmed that applications to revoke a visa cancellation will continue to be processed after an individual has left the country.

“Their Prime Minister was very clear about that, their minister [Dutton] was very clear about that, and we expect them to stick to that”.

“I said look, this does not on the face of it appear to align with the commitments you made to us and we want to know what the story is”, she told reporters on Tuesday.

Little said he would write to Australian immigration minister Peter Dutton, who he met on a recent trip to Australia, to ask about the discrepancies between the from and what he had told Little.

“They have just bought into the rhetoric of the Australian government from the outset, instead of looking at the truth and the reality”.

As a result, detainees have voluntarily started to arrive in New Zealand, some on the so-called “Con Air” charter plane, including one convicted of manslaughter. They’re quite clearly penalised if they do return to New Zealand.

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“John Key might be happy to take the word of his mate, but the people being deported back to New Zealand have been hard done by and they have no reason to trust Malcolm Turnbull”, said Mrs Turei.

Amy Adams