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Kiwi applies for refugee status

Dec 20, 2004 11:39 AM

A New Zealander is applying for refugee status in Australia in an attempt to stop being deported back to New Zealand.

Patricia Toia's claim has been made public by the Australian Foreign Minister, who is now under fire for revealing what is normally a confidential matter.

Toia, described as a human crime wave, is in Sydney's Villawood Detention Centre waiting to be deported to New Zealand.

Australian Foreign Minister Alexander Downer says Toia has committed numerous offences in Australia and they wish to send her back to New Zealand "because she is a New Zealand citizen".

Foreign Minister Phil Goff says New Zealand must legally accept her even though she has lived across the Tasman since she was a baby.

Goff criticised the Australian Immigration system saying the tribunal could have used more discretion in considering the case.

"This is a woman who doesn't know New Zealand, doesn't remember New Zealand, hasn't lived in New Zealand and for all intents and purposes is Australian."

The 26-year-old has been living in West Sydney, where she ran up a long list of convictions for crimes such as robbery, assault and drug trafficking. 

Downer says the woman is endeavouring to stop the deportation by applying for a temporary protection visa, which would give her refugee status in Australia on the grounds that she believes she could be persecuted in New Zealand.

Chris Levingston, one of Toia's lawyers, says Downer should not have made her application public.

"You cannot have ministers for Foreign Affairs talking about people applying for refugee status. That totally undermines the whole system," said Levingston.

Levingston is not acting for Toia in the refugee application, but says she has good reason to stay away from New Zealand as her family has returned to the country.

"Her view was that if she was to go back to New Zealand, that was the place where her family was and she has pointed the finger at her family as being the architects of her problems," said Levingston.

It's highly unlikely Toia will succeed in her claim for refugee status and Goff is promising once she returns, New Zealand authorities will keep a close eye on her.