Man deported to New Zealand after punching his pregnant partner

Australia deported two planes full of criminals to New Zealand last month. Photo / Australian Border Force

A man who punched his pregnant partner in the stomach will be sent back to New Zealand despite living in Australia since he was 5 months old.

The 22-year-old, whose name was withheld by the court, arrived in Australia in 1998 before entering foster care and embarking on a life of crime soon after turning 16.

This comes weeks after two planes filled with deportees who have failed Australia's "character test" were sent back to this side of the Tasman.

In just six years, the man committed 40 separate offences in Australia, with the most serious being violence towards women, resulting in the federal government cancelling his visa last year.

In assessing the man's appeal to have the decision overturned so that he could remain in Australia, the NSW Administrative Appeals Tribunal heard how he had led a "deprived" childhood with authorities placing him in foster care at age 7.

The Tribunal heard his criminal activities likely began around the time he started drinking and using drugs.

As a teenager, he was sentenced to two years' probation and had two control orders for threatening a young girl with a knife, striking her with his hand, cutting her leg with scissors and pulling her hair.

In 2017, the man was again in trouble with the law for stalking or intimidating with intent to cause physical or mental harm and assault occasioning actual bodily harm and common assault to his then 17-year-old girlfriend.

Two years later, he was convicted of a series of offences committed in August 2018, again involving his partner, who now had an apprehended violence order out against him.

According to the police facts tendered to the court at the time, officers say they saw the man yelling at his partner while "pressing her up against an advertising board at a bus stop".

As he held her against the board, police alleged they saw him "throwing approximately six-10 uppercut-style punches with a closed fist directly into the victim's lower stomach", causing the woman to "wince in pain".

After initially resisting arrest, the man was handcuffed and taken to Manly police station.

In October last year, the man was convicted of a further six offences, two relating to stalk/intimidate with intent to cause fear of physical or mental harm in relation to his mother, as well as maliciously damaging property.

The Tribunal heard he said the words: "I'm going to f**king kill you, you wait till I get there, coming down there to kill you all" when he arrived to pick up his son.

He was sentenced to two months imprisonment for that offence.

As a result of failing the character test under Australian migration laws, the man's visa was cancelled.

In his appeal, the man argued that much of his offending was related to having been taken away from his parents at an early age and a troubled upbringing in foster care, but that having had a child had "changed him".

He also said he had become drug-free in custody and detention.

In refusing to overturn the visa cancellation, Tribunal member Rob Reitano said offences involving violence against women were to be treated seriously "such that a person committing such crimes should expect to forfeit their right to remain in Australia".

While accepting the man's statement that it was not his intention to reoffend again and also to remain drug-free, Reitano said the fact was he did offend six weeks after his son was born and after he had experienced prison.

He said the expectations of Australians outweighed the difficulties the man may face once back in New Zealand.

"I am unable to find that there is another reason why the mandatory cancellation of (the man's) visa should be revoked," he said.