“Australia wanted us out”: 501 deportee defies odds to return to Australia
A New Zealand man deported from Australia under the controversial 501 section of the Australian Migration Act will be allowed to return, in a victory that he hopes will be a source of hope for others affected by the same scheme.
Gavin Doré was a successful motorcycle salesman in Australia until 2018, when he was convicted for drug offending after his life was upended by a relationship break-up and losing his job.
Desperate to stay in his mortgaged home, the 33-year-old began accepting boarders to help him cover his bills, and who brought with them exposure to the drugs scene.
He was sentenced to three years and three months in prison after his costly dependence on methamphetamine pushed him to start dealing, prompting his visa to be cancelled under Section 501, which then resulted in his deportation once his sentence was complete.
By then, Doré had undergone much of a drug rehabilitation program and became the father of a baby girl to his former partner.
He then worked hard to appeal his case and have his visa reinstated, with the Australian Administrative Appeals Tribunal only recently allowing his return and for his visa to be reinstated.
“Four plus years it took,” he told Open Justice.
The tribunal said the combination of financial shock from losing his job and the emotional difficulty from the relationship break-up led to a “psychological malaise” and depression.
It found that Doré had a “low to negligible risk” of reoffending in Australia and that it was in the best interest of his now four-year-old daughter that he be able to return.
“A lot of 501s arrive (in New Zealand) without hope and, as a result, turn to crime,” he said.
“I’d like people to know that this is possible (to reinstate an Australian visa), and that there is a better way.”
Doré added that he was “one of the lucky ones”, having joined a group in prison who were given advice on how to appeal the decision, including what to say and not say.
“When I joined the group we were given the information that the process was possible, where to find the application, who to send it to,” he explained.
“We actually also got given the details of how to get in touch with an immigration lawyer.”
With Australia tightening the rules since he started his appeal, Doré said people are “losing hope in the process” of appealing.
“I do a bit of work with a church here (in Auckland) … and do quite a bit of work with the 501s. Anyone beating it is unheard of, really,” he said.
“Australia wanted us out, no matter what.
“On the surface they wanted it to look as though there was a legitimate process for an appeal to occur, but … the process itself was so difficult for everyone, really, that a lot of people can’t see a way.”
With most deportees arriving with “literally a backpack” and nothing else, Doré said he was fortunate to have the support of his parents when he arrived in New Zealand.
According to Open Justice, 192 Kiwi deportees have applied to have their deportations revoked since July 2020. Out of those, only 61 people were successful.
Image: NZ Herald