Guest The Pom Queen Posted February 9, 2018 Share Posted February 9, 2018 When John Falzon arrived in Melbourne, Australia, in February 1956 as a three-year-old immigrant from Malta, his new city was gearing up to host the summer Olympics at the end of the year. Robert Menzies was the prime minister. Queen Elizabeth II, now the longest-reigning monarch in the world, was just shy of 30 and had been on the throne for four years. And Australians had not yet been introduced to television – the first regular transmissions would start in September. Falzon, now 65, has lived in Australia since then, but never became a citizen. In 2008, he was sentenced to 11 years in prison with a non-parole period of eight years for trafficking a large commercial quantity of cannabis. Just before his eight years were up, Falzon's visa was cancelled. He walked out of prison and into an immigration detention centre. And on Wednesday, he lost a bid in Australia's highest court to have his visa reinstated. Falzon now faces being deported back to Malta: a country he has not been to in 61 years, where he knows no-one, and does not speak Maltese. "He’s crushed," his daughter Kim Falzon told BuzzFeed News. Her father is being held in detention on Christmas Island, south of Java, Indonesia. They spoke on the phone the day the decision was handed down. "I wasn’t really expecting anything good because nothing good ever did happen regarding my father," Kim said. "I felt bad for not [feeling optimistic] about the decision, but that’s just the way it is. He’s never had any good luck." Falzon's drug trafficking conviction was not his only run-in with the law. He was previously convicted of four counts of drug trafficking in 1995, and according to court documents, has also had convictions recorded for assault, two counts of theft, handling stolen goods, and cruelty to animals. His visa was cancelled under section 501 of the Migration Act, which says the government must cancel the visa of someone who has a substantial criminal record and is currently serving a full-time custodial sentence. Shortly after it was cancelled, Falzon appealed to the assistant minister for immigration and border protection, Alex Hawke, to reinstate his visa. The High Court decision notes that Hawke considered Falzon's strong family ties to Australia (where his six siblings, four children and ten grandchildren live), and that his "lengthy absence" from Malta may result in "social isolation and emotional hardship". But it did not change Hawke's mind. According to the High Court decision, Hawke found that Falzon represents an "unacceptable risk of harm to the Australian community and its protection outweighs the interests of the plaintiff's family and other considerations". Falzon appealed the decision in the High Court, arguing that section 501 is unconstitutional because it further punished him for his offences and granted judicial power to the government, when this power should only reside with the courts. The High Court unanimously rejected the argument, holding that the visa cancellation did not invoke judicial power and that Falzon's visa was lawfully cancelled on account of his criminal history and incarceration. According to Kim Falzon, her father didn't consider becoming an Australian citizen until it was too late. "He didn’t actually realise that he needed to," he said. "He was married to my mum who is an Australian citizen." In the last financial year, 1,284 people had their visas cancelled on character grounds. There was a stark jump in the number of cancellations from 2012-13 (84) to 2013-24 (584) due to a mandatory cancellation provision being introduced to the Migration Act. In letters written by Falzon's relatives, provided to BuzzFeed News, his family talks of wanting him home now that he has served his time. Supplied Share Pin A letter from Falzon's 14-year-old granddaughter. The Falzon family has suffered other losses: John's wife died of cancer in 2012 and his son, Graeme Falzon, was stabbed to death by John Baxter in 2007. Falzon was initially placed in Maribyrnong Immigration Detention Centre but has since been moved to Christmas Island, where Kim says it is difficult to contact him. "It’s very hard," she said. "He’s not allowed to have a mobile or anything. We have to ring the actual facility." Falzon rang her on the day of the decision for a chat, but she was unable to reach him the following day. She is worried about his welfare. "I don’t think he’s in a very good state of mind or anything like that either," she said. Kim said she has "no idea" what will happen next for her father. "We’re never going to be able to see Dad again, we can’t afford to go over to Malta all the time," she said. "My father is the only parent left for us. He’s the only one left. It would be nice to be able to spend the rest of his life with us." Quote Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted February 9, 2018 Share Posted February 9, 2018 So do you think he should be deported. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 9, 2018 Share Posted February 9, 2018 I think he was very foolish not to become a citizen, and I bet he wasn't as ignorant as he claims to be. My oh's brother was the same - too "proud of his heritage" to consider becoming an Aussie, he was PR till the day he died. He wasn't the most blameless of men, either, so he was probably lucky not to get into the same situation - and no doubt he'd have whinged about being sent back, too, in spite of all his braying about being fond of his homeland (which he hadn't seen since he was a very small boy). 4 Quote Link to comment Share on other sites More sharing options...
Paul1Perth Posted February 9, 2018 Share Posted February 9, 2018 How many times has he been busted for drug trafficking? Yep deport him. He could have become an Aussie citizen and not trafficked drugs. Luck has nothing to do with it. He's even had chances. 5 Quote Link to comment Share on other sites More sharing options...
Toots Posted February 9, 2018 Share Posted February 9, 2018 He's a drug trafficking criminal - served his time and all that but it wasn't the first time he was involved with trafficking drugs. He also had convictions recorded for assault, two counts of theft, handling stolen goods, and cruelty to animals plus he isn't a citizen. I feel sorry for his family but yes, deport him. 1 Quote Link to comment Share on other sites More sharing options...
Skani Posted February 9, 2018 Share Posted February 9, 2018 "He's never had any luck" says his daughter. With a criminal history like his, what sort of luck was he expecting? I'd deport him for the cruelty to animals conviction alone, never mind anything else. 4 1 Quote Link to comment Share on other sites More sharing options...
Drumbeat Posted February 9, 2018 Share Posted February 9, 2018 He sounds a nasty piece of work, pity they didn't cancel his visa in 1995! Would he have been entitled to citizenship with all those criminal convictions - surely not? Quote Link to comment Share on other sites More sharing options...
Nemesis Posted February 9, 2018 Share Posted February 9, 2018 1 hour ago, Drumbeat said: He sounds a nasty piece of work, pity they didn't cancel his visa in 1995! Would he have been entitled to citizenship with all those criminal convictions - surely not? Its only recently that they've really started cancelling visas on character grounds. Back in the 1990s it was very unusual Quote Link to comment Share on other sites More sharing options...
calNgary Posted February 9, 2018 Share Posted February 9, 2018 14 minutes ago, Nemesis said: Its only recently that they've really started cancelling visas on character grounds. Back in the 1990s it was very unusual I think drumbeat means citizenship not the visa. At first i thought how silly for him not to apply for it, however he probably didnt apply because with his criminal history he would not have passed the character test anyway. Cal x 1 Quote Link to comment Share on other sites More sharing options...
Bulya Posted February 9, 2018 Share Posted February 9, 2018 Maybe we can hold a chook raffle here to assist his passage? 1 3 Quote Link to comment Share on other sites More sharing options...
Drumbeat Posted February 9, 2018 Share Posted February 9, 2018 1 hour ago, calNgary said: I think drumbeat means citizenship not the visa. At first i thought how silly for him not to apply for it, however he probably didnt apply because with his criminal history he would not have passed the character test anyway. Cal x You were both right, I was wondering why he wasn't deported in 1995. The letter from his granddaughter is a bit of a joke, he would have been in prison for more than half her life so not sure how he was looking after everybody 1 Quote Link to comment Share on other sites More sharing options...
AJ Posted February 9, 2018 Share Posted February 9, 2018 Definately, think he has used up all his chances! Surely cant be looking for the sympathy vote because he is getting on a bit, doesnt deserve any 1 Quote Link to comment Share on other sites More sharing options...
bristolman Posted February 9, 2018 Share Posted February 9, 2018 There are quite a few examples of people being wrongly deported, caught up in ridiculous red tape, penalised for the smallest transgression. This is not one of those examples. 2 Quote Link to comment Share on other sites More sharing options...
ellawash Posted February 9, 2018 Share Posted February 9, 2018 Maybe we can hold a chook raffle here to assist his passage? Don’t know what a chook raffle is but sounds good 1 Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted February 9, 2018 Share Posted February 9, 2018 Yes get rid of him. He's crushed his daughter said, well bless him, I bet there's many people out there messed up by drugs that are also crushed. As for the daughter letter, he looks after everyone, what by getting them addicted to drugs. I hope he has a miserable life back in Malta, you reap what you sow. 1 Quote Link to comment Share on other sites More sharing options...
Quoll Posted February 9, 2018 Share Posted February 9, 2018 Tough bikkies. He’s a habitual criminal. If he’d been of a different ethnic group the HR lawyers would be having a field day to defend him but I think there needs to be consistency for everyone. Yes, he needs to go, he’s been a stupid law breaker all his life, he will have to live with that. 1 Quote Link to comment Share on other sites More sharing options...
Skani Posted February 9, 2018 Share Posted February 9, 2018 3 hours ago, ellawash said: Don’t know what a chook raffle is but sounds good An old Australian institution from the days when having a whole chicken for a meal was a luxury. Raffling a chicken as a fundraiser was a "good little earner" for many clubs and organisations. 3 Quote Link to comment Share on other sites More sharing options...
Bulya Posted February 10, 2018 Share Posted February 10, 2018 you seriously don’t know what a chook raffle is?? Quote Link to comment Share on other sites More sharing options...
Wa7 Posted February 10, 2018 Share Posted February 10, 2018 8 minutes ago, Bulya said: you seriously don’t know what a chook raffle is?? 'What is a chook raffle' should be a Aus citizenship question 1 2 Quote Link to comment Share on other sites More sharing options...
Skani Posted February 10, 2018 Share Posted February 10, 2018 Having to explain a chook raffle made me think (a) How the world has changed (b) Geez I must be old. Quote Link to comment Share on other sites More sharing options...
Guest Posted February 10, 2018 Share Posted February 10, 2018 (edited) 18 hours ago, ellawash said: Don’t know what a chook raffle is but sounds good Don’t be ridiculous. We need to raffle a meat tray (comment meant for Bulya not Ellawash) Edited February 10, 2018 by Guest Quote Link to comment Share on other sites More sharing options...
calNgary Posted February 10, 2018 Share Posted February 10, 2018 Ive heard (and won) Meat Tray raffles, or Veg Trays, fruit trays and at Xmas , a Leg Ham, but i have never heard of a chook raffle ,lol, is it a State thing? Im in QLD. Cal x 1 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted February 10, 2018 Share Posted February 10, 2018 11 minutes ago, calNgary said: Ive heard (and won) Meat Tray raffles, or Veg Trays, fruit trays and at Xmas , a Leg Ham, but i have never heard of a chook raffle ,lol, is it a State thing? Im in QLD. Cal x Quite common in small Qld towns when I lived over there, RSLs and local pubs often had chook raffles. 1 Quote Link to comment Share on other sites More sharing options...
Guest Posted February 10, 2018 Share Posted February 10, 2018 Friends say chook raffle (tongue in cheek) in WA Quote Link to comment Share on other sites More sharing options...
Wa7 Posted February 10, 2018 Share Posted February 10, 2018 13 minutes ago, calNgary said: Ive heard (and won) Meat Tray raffles, or Veg Trays, fruit trays and at Xmas , a Leg Ham, but i have never heard of a chook raffle ,lol, is it a State thing? Im in QLD. Cal x A ' veg tray ' that sounds awesome ? 1 Quote Link to comment Share on other sites More sharing options...
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