VIC Can a foreign criminal husband be deported back to his legal wife even if she does not like it?

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Künzli Anna

Active Member
12 February 2017
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  1. Hello, as I am writing from Switzerland in Europe, I found this platform on the internet to ask my questions about your laws according to deportation of a foreign citizen for doing criminal offenses.

    It is about my still husband who I have not seen since nearly two years now, (last time end of March 2015) but I am still married to him. (Without a legal address of the husband it is taking a long time to divorce and also with an address several years - so, I let it be, as I did not have his whereabouts in Australia).

    He does not have a Swiss citizenship, but we are nearly 5 years married this April. He has a New Zealand citizenship/NZ-passport since April 2014 (by descent) & he is also Fijian, since he was born in Fiji.

    Recently he has become criminal in Australia and because of his crimes he is now in custody there for bad things (violence). My question is: Where will Australia deport him to? To New Zealand, to Fiji or to Switzerland?

    (Because his last official address was here in Switzerland together with me the wife before he went first to NZ in June 2014 and then Australia in July 2014 & the probation for violence over here in Switzerland has ended & therefore he can travel easily back into the country on his NZ- passport, as long no criminal offenses are registered in the international databank!).

    Therefore I do worry a bit now, that Australia might deport him back here soon on grounds of marriage...can they do that? Or what is usual the practice with cases like this? Where will they send him? Could Australia send him back to me over here to Switzerland in case NZ would not want to take a criminal citizen back, because I am still legally married?

    (For example when NZ or Fiji refuses to take him back... can they then send him back here because I am still on paper the legal wife or how does that work according to your laws regarding criminal offenses done by a foreign citizen?).

    What are your family laws/deportation laws with criminal cases like this? Which country will he be most likely deported to? Can they send him over here, even when I do not like it?
    (Can anybody oblige me to look after him again, even when I think it is a better idea, if he goes to NZ or Fiji?).
    Can a prisoner make a choice where he will be deported? Who is paying for the deportation? NZ, because he is their citizen? Or do I have to pay for it, because of still legally being married to the guy?
    (No matter that I have not seen him & he was with others, so he is no longer having anything to do with me).
    Thank you very much, if you might be able to answer my question.

    Kind regards, Anna


 

sammy01

Well-Known Member
27 September 2015
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I think they'll send him to NZ or Fiji... Why would he want to go to Switzerland? If he does, you have no obligation to let him in your house...
 

Künzli Anna

Active Member
12 February 2017
5
0
31
Thank you for your reply. Think, that he would try to find a way to come back here (threats he often announced / as well as asking many times, if he could come back here - I put him on the plane to NZ & cancelled his return flight, because of his behaviour - he might try to use this against me?). He was breeding a kid with a random Samoan woman he found over here & with others from the internet he was dating constantly - from what I heard, he did similar over there in Australia and constantly lying to the different "hosts", "relationships" along the way while often being violent and discarding the last target for the next....classic anti-social behaviour while perfectly conning/manipulating anybody, who crosses his way....it would not surprise me, if he would tell now some nice story about he can not be shipped out to NZ (he was already deported from there back to Fiji once in the past & his biological family does not want him close by/does not want him nearby them, that is why he went after just a couple of weeks from NZ to Australia in 2014....so they might say to NZ officials send him back to the wife in Switzerland (because it is nice & far away from NZ & a good solution for them, so they do not have to deal with legal matters in future, because he has increased criminal energy and is a very difficult troublesome person - he was also 8 months in a Swiss prison & in therapy over here against his problematic behaviour for 4,5 weeks in an open ward in the mental hospital - but nothing helped....he did everything again, as even when he tries, he seems to lack self-control and always makes the same mistakes again no matter what good people try with him, as he is notoriously bad with his repetitive wrong behaviour, as I got message of from different people over time. He himself knows, but cannot change, his brain is wired differently (wolf in sheep clothing - like how these books about such people describe - classic disorder with no change). By the way, he absolutely does not want to be deported back to Fiji, so he will try to influence things to be shipped back here (because of being married here & have somewhere a biological kid walking around) or to NZ - which for sure his biological family does not want to happen, so they might tell NZ to not allow him back & send him back here.... then I have to either pay him a flat/daily life or take him back into the house. As his probation ended, as long as there is no proof of new violence, then he will for sure be my problem, because of responsibility as a wife to look after him. Divorce is also a long traject of 2 years at least with having an address, without an address it is very difficult and extremely expensive and takes at least 4 years - he moves around fast by finding new people on the internet, so he can come and go and one never knows where he is, due to him finding new supply of people, who help him to maintain this style of living. Once he is back, I could probably never get rid of him again like the last time and he will be my problem. He won't go on the plane out of free will like in 2014, but stay to give me a very hard time like he already said, how he would come to do. So, that is why I worry that he will find a loop-hole in the law to get deported to here and not to NZ or Fiji, even when it seems more than logical that NZ has to take him back whether it is convenient or not....but, just know, how he can be and he likes to return to the superhost of all times that he is married to for having an easy lazy life and putting the burden that is him back on me for the next years to come instead of having the hassle to look after himself in NZ or Fiji (since he is very lazy - every parasite looks for a strong host to bludge on....it is the common own unwritten law of survival for individuals like him, they go for the smoothest option for themselves and Switzerland is a dream for people like him, and he speculates with becoming Swiss, that is why he does not want to divorce as well & I am Dutch as well .... so, he has plenty perspective of getting any citizenship because of being married when he manages to stay married long enough! Do you know, what I try to explain, what might be another reason, why he does not want to be deported anywhere else but here, as he sees chances here that he does not have in NZ (very nice welfare system here, trying to make the wife pay by saying he is mentally not fit to work etc.etc. he is clever in finding ways to just enjoy life and breed random kids at Internet dates while misusing the wife and anybody he can find - to not let him is hard, because til now only sending him far is the option that works. Over here he can do it to really ruin all again and one can not just get rid of him - he will say anything to manipulate his way through and use the social system here to get what he is after. That is why I worry and ask myself, if it theoretically is possible that Australia puts people like him for deportation back to Europe and if this has happened before that they can send one on someone's doorstep back because of being still married? (In case that NZ could refuse maybe?). Just know him and he likes to sit in my house to give me a hard life, so he probably will tell them to put him on the plane back here and not anywhere else and find a way to talk to people, who might believe that this is a good idea....have seen before how he can talk while he has a bowl by making things run his way and nobody believes one til it is too late, as he just is a master con man. (He even manipulates professionals, normal psychologist etc. Anybody who is not specialized for such predators like him are easily fooled by charming & convincing lies etc. They do not expect people to be evil like that & want to help - he makes use of that).