Kiwi criminals will be allowed to STAY in Australia under a major law change from Anthony Albanese

Hundreds of New Zealanders convicted of serious crimes in Australia may avoid being booted from the country under sweeping changes to the federal government’s deportation policies. 

A government spokesperson on Wednesday said Australia would take a ‘common sense approach’ to deportations, having flagged a shift shortly after Labor took power in 2022. 

Under the existing policy, New Zealanders can be deported on ‘character grounds’ – or if they have been jailed for 12 months or longer. 

Officials will now consider how long they have been in the country before a decision is made to boot them out.

About 2,000 New Zealanders were deported between 2014 and 2020. One is pictured above in September 2020

They will also consider the impact deportation would have on dependent children who are Australian citizens or permanent residents.

The changes by the Albanese government have been welcomed across the Tasman, where leaders have long complained about the issue of deportations. 

‘Under these changes, the Department of Home Affairs must now consider the length of time someone has lived in the Australian community as one of the primary considerations when determining whether to cancel someone’s visa,’ the spokesperson said.

‘Where individuals pose a risk to the community, the Australian government will continue to cancel their visas and remove them.’

The new policy will not be applied retrospectively.

Australia deports hundreds of people to New Zealand annually using a power under the Migration Act, which allows the immigration minister to evict on the basis of character rather than criminal convictions.

New Zealand sees it as an abrogation of the trans-Tasman friendship, as many of the people deported have little to no connection to Australia’s near-neighbour.

Prime Minister Anthony Albanese (pictured right with his partner Jodie Haydon) is about to restrict the deportation of Kiwi criminals to New Zealand

About 2,000 Kiwis were deported between 2014 and 2020.

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New Zealand’s former prime minister Jacinda Ardern clashed with the previous prime minister Scott Morrison over the issue, but declared a ‘reset’ in relations with Anthony Albanese as leader and Clare O’Neil as Home Affairs Minister. 

At the time of Ms Ardern’s visit last June, the Shadow Home Affairs Minister Karen Andrews said ‘the Government must resist pressure to go soft on removing criminals who are citizens of New Zealand.’

Most of the Kiwi visa holders who were deported to New Zealand under the 501 policy had live in Australia since they were children.

Some of them were sent back even if they had no ties to the country other than their NZ passport.

Home Affairs Minister Clare O’Neil (pictured) and Prime Minister Anthony Albanese were urged by New Zealand to make changes to Australia’s deportation policy

Criminals deported from Australia committed 8,000 offences since 2015 including 57 sex crimes and 861 drug and antisocial behaviour crimes.

Ms Ardern previously said the policy ‘unquestionably’ increased gang violence in New Zealand.

She said she did not want to stop all deportations from Australia, just cases where the criminal is ‘essentially Australian’.

‘New Zealand is not asking for Australia to remove their deportation policy. We never have,’ she said.

‘New Zealand, of course, deports individuals who have been in New Zealand for a short time and who have acted outside our expectations for anyone who chooses or wishes to stay as a resident.

‘But there are those who are being deported from Australia who, for all intents and purposes, are Australian.

‘Often zero connection to New Zealand. Sometimes not even having stepped foot there. That’s the place that we’re asking for that consideration to be given.’

Daily Mail Australia has contacted Ms Andrews for comment.

Former New Zealand prime minister Jacinda Ardern (pictured) urged Anthony Albanese to consider changes to Australia’s deportation policy