Grandpa with ‘bad character’ to be deported after 51 years

A grandpa who has called Australia home for more than 51 years could be deported back to Britain for breaking the law. 

An exclusive report by news.com.au reveals that David Degning, 58, was arrested at his Batemans Bay home three months ago and is currently being held at Villawood Detention Centre, while he awaits a May court hearing for his deportation case. 

The report said Degning has a criminal record for drink driving and theft and also committed a serious offence in 2012 that resulted in a prison sentence being imposed. Because it is subject to a court suppression order, details surrounding the case can not be revealed. 

According to the Department of Home Affairs, people who wish to remain in Australia must satisfy the character requirement as set out in Section 501 of the Migration Act 1958.

“This includes all non-citizens, sponsors of visa applicants and non-migrating family members seeking to enter or stay in Australia,” the website states. “Entering or remaining in Australia is a privilege, and it is expected that non-citizens are, and have been, law-abiding. Visa holder must also continue to satisfy the character requirement.”

In addition, anyone serving a full-time custodial sentence or anyone who has been sentenced to more than 12 months of imprisonment must have their visa cancelled. 

A Spokesperson from the Department of Home Affairs told Starts at 60 while the department doesn’t comment on individual cases, the government is serious about protecting the community from non-citizens. 

“The Australian Government takes seriously its responsibility to protect the community from the risk of harm arising from non-citizens who choose to engage in criminal activity or other serious conduct of concern,” the spokesperson said. “There are strong provisions under section 501 of the Migration Act 1958 (the Act) that allow the Minister or a delegate to refuse or cancel a visa if the person is considered to not be of good character. A person can fail the character test for a number of reasons, including but not limited to where a non-citizen has a substantial criminal record.”

Despite living in Australia for over five decades, Degning is not technically an Australian citizen, but he thought he was because he’d lived here for so long. His family has set up a Change.org petition earlier this year, protesting his deportation. At the time of publication, just under 2,500 had signed the petition. 

“Australian immigration want to deport David from Australia,” his family wrote. “David has lived here for 51 years, moving here when he was seven years old. David has a wife, three children, three grandchildren, his father, brothers and sisters and all his friends in Australia.

“We are at the stage now where David will be deported to England. According to the Australian Government, David is of ‘bad character’, which we all know not to be true.”

The family added they have “already suffered so much in the past few years” and want to be kept together. According to an article published in the Beagle Weekly, Degning’s family and friends were notified his place in Australia was being questioned by the Immigration Department and asked them to detail why he shouldn’t be deported to England.

On January 25, the family were woken at 5am when 16 Border Force Police handcuffed Degning and transported him to Villawood, where he has remained ever since.

It’s not the first time this has happened in Australia. Last year, Pio Steve, who moved to Australia from New Zealand when he was 13 months old, was deported after 48 years because the government found him to be a career criminal. He’d spent three years behind bars in 2015 – enough for his visa to be cancelled.

Similarly, an American man who lived in Australia for 30 years was sent packing when police discovered he’d previously been jailed for passport fraud. Another case saw a Maryanne Caric, who moved to Australia at the age of two, deported to Croatia after 50 years. Despite being a long-time drug user and offender, Caric’s own sister said, “She’s an idiot, but she belongs here”.

Laws introduced in 2014 made it mandatory for any non-citizen who serves more than 12 months in jail to have their visa cancelled. The 12-month total can comprise more than one short prison term. Most of those deported so far have been New Zealanders, many with links to bikie gangs.

Starts at 60 has reached out to the Degning family for comment.

What do you think? In what circumstances do you think people should be deported from Australia?