Stefan Nystrom
Encyclopedia
Stefan Nystrom was a long-time resident of Australia
who was deported to Sweden
in controversial circumstances in 2006.
. His mother was an Australian resident but was visiting her parents in Sweden in the late stages of her pregnancy. She arrived back in Australia
with Stefan when he was just 27 days old. Since then he has lived all his life in Australia, has never left the country, and he speaks only English
. By the age of 30 in 2004, he had committed a large number of offences (many when a minor under 18) and spent time in juvenile detention/jail, and was once again in jail for a serious criminal offence.
, Amanda Vanstone
, under Section 501 of the Migration Act, cancelled his visa
in 2004 on the grounds of his bad character, had him detained in an immigration detention centre, and sought to deport him to Sweden. However, she was stopped in 2005 by the Federal Court, whose majority judgement (by 2 out of 3) read: "[Mr Nystrom] has indeed behaved badly, but no worse than many of his age who have also lived as members of the Australian community all their lives but who happen to be citizens. The difference is the barest of technicalities" ... "Apart from the dire punishment of the individual involved, it presumes that Australia can export its problems elsewhere".
As an aside to the main point, some controversary was raised by the Federal Court of Australia
judges saying "... but no worse than many of his age". However, according to the same court, his crimes included aggravated rape
(at age 10) and armed robbery (at age 11), and one judge noted "the appellant is a thoroughly unpleasant man having been convicted of serious and odious crimes". This has been an opportunity for some to castigate judges for being out of touch.
, where a panel of five judges gave their decision on the 8 November 2006 that despite Stefan having an "absorbed person visa", Senator Vanstone could cancel his visa and deport him on character grounds. Two judges noted that Parliament had left the Immigration Minister with the discretion to decide whether a person such as Stefan could remain in Australia. Despite this, Senator Vanstone said her department was now "obliged" to detain Stefan and "facilitate his removal". Stefan was deported on 27 December 2006, arriving in Sweden on 29 December 2006, but has appealed to the United Nations
Human Rights Committee
.
It would appear that the High Court decision, and the dissenting Federal Court judge's opinion, was that technically whilst the Immigration Minister has the power to deport any non-citizen on grounds of bad character, she should not do so in Stefan's case. All three Federal Court judges were unanimous in their criticism of Senator Vanstone in this case.
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
who was deported to Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
in controversial circumstances in 2006.
Life
Nystrom was born on 31 December 1973 in SwedenSweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
. His mother was an Australian resident but was visiting her parents in Sweden in the late stages of her pregnancy. She arrived back in Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
with Stefan when he was just 27 days old. Since then he has lived all his life in Australia, has never left the country, and he speaks only English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
. By the age of 30 in 2004, he had committed a large number of offences (many when a minor under 18) and spent time in juvenile detention/jail, and was once again in jail for a serious criminal offence.
Deportation and Federal Court action
The Australian Immigration MinisterMinister for Immigration and Citizenship (Australia)
In the Government of Australia, the Minister for Immigration and Citizenship is responsible for overseeing the Department of Immigration and Citizenship....
, Amanda Vanstone
Amanda Vanstone
Amanda Eloise Vanstone is a former Australian politician and a former Ambassador to Italy. She was a Liberal Senator for South Australia from 1984 to 2007, and held several ministerial portfolios in the Howard Government. After her resignation from the Senate in 2007, she served as the Australian...
, under Section 501 of the Migration Act, cancelled his visa
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
in 2004 on the grounds of his bad character, had him detained in an immigration detention centre, and sought to deport him to Sweden. However, she was stopped in 2005 by the Federal Court, whose majority judgement (by 2 out of 3) read: "[Mr Nystrom] has indeed behaved badly, but no worse than many of his age who have also lived as members of the Australian community all their lives but who happen to be citizens. The difference is the barest of technicalities" ... "Apart from the dire punishment of the individual involved, it presumes that Australia can export its problems elsewhere".
As an aside to the main point, some controversary was raised by the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
judges saying "... but no worse than many of his age". However, according to the same court, his crimes included aggravated rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
(at age 10) and armed robbery (at age 11), and one judge noted "the appellant is a thoroughly unpleasant man having been convicted of serious and odious crimes". This has been an opportunity for some to castigate judges for being out of touch.
High Court appeal
The Australian Government appealed to the High Court of AustraliaHigh Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
, where a panel of five judges gave their decision on the 8 November 2006 that despite Stefan having an "absorbed person visa", Senator Vanstone could cancel his visa and deport him on character grounds. Two judges noted that Parliament had left the Immigration Minister with the discretion to decide whether a person such as Stefan could remain in Australia. Despite this, Senator Vanstone said her department was now "obliged" to detain Stefan and "facilitate his removal". Stefan was deported on 27 December 2006, arriving in Sweden on 29 December 2006, but has appealed to the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Human Rights Committee
Human Rights Committee
The United Nations Human Rights Committee is a United Nations body of 18 experts that meets three times a year for four-week sessions to consider the five-yearly reports submitted by 162 UN member states on their compliance with the International Covenant on Civil and Political Rights,...
.
It would appear that the High Court decision, and the dissenting Federal Court judge's opinion, was that technically whilst the Immigration Minister has the power to deport any non-citizen on grounds of bad character, she should not do so in Stefan's case. All three Federal Court judges were unanimous in their criticism of Senator Vanstone in this case.
See also
Other prominent immigration cases in Australia:- Cornelia RauCornelia RauCornelia Rau is a German citizen and Australian permanent resident who was unlawfully detained for a period of ten months in 2004 and 2005 as part of the Australian Government's mandatory detention program.- Overview :...
- Vivian SolonVivian SolonVivian Alvarez Solon is an Australian who was unlawfully removed to the Philippines by the Department of Immigration and Multicultural and Indigenous Affairs in July 2001. In May 2005, it became public knowledge that she had been deported, although DIMIA knew of its mistake in 2003...
- Robert JovicicRobert JovicicRobert Jovicic was a long-time resident of Australia who was deported to the Federal Republic of Yugoslavia where he became destitute in 2005.Jovicic was born on December 4, 1966 in France of Serbian parents...