In September last year, Vunipola appeared in a New South Wales court for stealing a car and robbery. He was jailed for two years with a non-parole period of nine months.
The following month, his visa was cancelled due to his “substantial” criminal record and that he was serving a full-time custodial sentence of imprisonment.
Vunipola sought revocation of the cancellation decision but he was unsuccessful. He then lodged an application with the Administrative Appeals Tribunal of Australia seeking a review of the decision to not revoke the cancellation.
At the review’s two-day hearing last month, Vunipola represented himself and his family travelled from Sydney to Perth to give evidence.
In the tribunal’s subsequent decision, released on September 5, it said Vunipola had several previous convictions which ranged from traffic offences to violent offending, including assaulting a 71-year-old in a car park before stealing his car.
He had also assaulted an 18-year-old while stealing his bag, and challenged police to a fight on another occasion, yelling “Let’s f****** go, come on you c***s”.
Vunipola had further convictions for damaging property and drug-related offences.
In 2009, Vunipola received a written warning from the Department of Immigration and Citizenship, stating his visa may be cancelled if he committed further offences.
Eight months later, Vunipola assaulted a stranger crossing the road in an unprovoked attack.
The tribunal heard Vunipola’s offending occurred when he was under the influence of drugs and alcohol.
He told the tribunal, however, that he did not want to “touch alcohol again” and that being on drugs was a “waste of life”.
Vunipola said he feared being sent back to New Zealand where he had no family and no friends.
He had met his fiancee at church in 2019, proposing to her in 2021. The pair had plans to set up a weight loss and fitness business together.
When they began dating, Vunipola was using methamphetamine daily, something the decision said his fiancee was “entirely unaware” of. She was also oblivious to his criminal history and issues with alcohol.
The decision stated Vunipola’s family was similarly unaware.
“They appear to be pro-social, church-going, and responsible people who care deeply for [Vunipola] and who are willing to support him in any way they can.”
But the tribunal questioned how supportive Vunipola’s family could really be if he was able to hide his indiscretions from them.
It was clear his family were “close and loving”, the decision said.
They were emotional when giving evidence and distressed at the prospect of him being removed to New Zealand.
“Australia is his home. There is no one else in New Zealand to care for him,” his father told the tribunal, pleading for them to let Vunipola remain in Australia.
The reverend at Vunipola’s church also testified, submitting Vunipola had been very helpful with the youth programme.
He said the church would support him in his reintegration if he were allowed to stay in Australia.
Despite Vunipola stating he wanted to abstain from alcohol and drugs, the tribunal found he had no plans in place to address this.
It acknowledged that being sent back to New Zealand with no support network may risk him relapsing.
However, the support from his friends, family and church had not stopped him from using drugs and alcohol in the past.
In affirming Vunipola’s vsa should remain cancelled, the tribunal said the need to protect the Australian community had trumped his ties to the country.
“This has been a difficult weighing exercise,” the decision said.
“The applicant moved to Australia as a 10-year-old child and his fiancee and family members are anxious for him to be able to stay in Australia.
“However, the applicant’s offending is serious, [and] the consequences of his reoffending, with the evidence suggesting he is a moderate risk, are serious.”
Emily Moorhouse is a Christchurch-based Open Justice journalist at NZME. She joined NZME in 2022. Before that, she was at the Christchurch Star.
