Stephen Pokrywka deported to United Kingdom after federal court appeal fails

A migrant grandfather who spent decades building a life in Australia has been deported to the United Kingdom because of his criminal drug conviction after a last-minute appeal against his visa cancellation was rejected.

He was not allowed to see his family in person before being made to leave the country on Wednesday night.

Stephen Pokrywka was sentenced in 2019 to six years in jail for attempting to supply methylamphetamine.

It is the only time the 55-year-old has spent behind bars and the parole board recommended he be released back into the community in February.

But under the country's migration legislation, anyone without Australian citizenship status risks having their visa cancelled if they are convicted of a crime that carries a sentence of 12 months or more.

Mr Pokrywka was sent to Yongah Hill Detention Centre and continued to fight against the deportation order he received early into his sentence.

Having lived in Australia since he was 12, the father of six and grandfather of 10 argued he had no ties to the UK and simply had not thought to apply for Australian citizenship.

On Tuesday he asked the federal court for permission to stay in the country to allow him to care for his 12-year-old daughter, but the appeal was rejected.

"I went straight from the court hearing … into a visit with my 12-year-old daughter and I just couldn't hold back the emotions, I was just absolutely gutted," Mr Pokrywka said.

"What I'm feeling right now and the hurt and anguish I heard from my family when I told them … I wouldn't wish that on my worst enemy.

"I thought common sense would prevail."

Family devastated

Mr Pokrywka only visited the UK once after he left as a child, and said he worried there would be nothing for him when he returned.

"I'm just going to have to adapt and hit the ground running and try to get a job and somewhere," he said.

"I'll get a week's accommodation when I get there but after that, nothing's in concrete."

His 21-year-old daughter Jess Pokrywka said her father was not the only one who would be hurt by his deportation.

"He is a very responsible man. Not only is he sad because of being deported, but he's family orientated and he wants to look after his parents, look after his family," she said.

"I don't think that it's fair, especially on my 12-year-old sister, to miss out on having a dad. It's like your parent has passed away, and they're alive."

Advocate calls for change

In the 2013-14 financial year, 76 Australian residents had their visas cancelled on "character" grounds.

That changed after amendments were made to the Migration Act by then-immigration minister Scott Morrison.

Mr Pokrywka's long-time advocate Gerry Georgatos said cases like Mr Pokrywka's were on the rise, with more than 1,000 people removed from Australia each year under the provisions of section 501.

"We can't deport people with family ties in this country, people who have lived their whole lives here," he said.

"He shouldn't have even been considered [for deportation] but the remit has got so wide for people to be assessed on character grounds."

"It's become a vote buying exercise, to go tough on people, tough on crime."

A Department of Home Affairs spokesperson said the department did not comment on individual cases, but that non-citizens who wished to enter or remain in Australia must satisfy the requirements of the country's migration laws. 

"The Australian government is committed to protecting the Australian community from the risk of harm posed by non-citizens who engage in criminal conduct or behaviour of concern," they said.

"Ministerial Direction 110 outlines the principles, which are the framework within which decision-makers should approach their task of deciding whether to refuse or cancel a non-citizens' visa, including the tolerance level for criminal or other serious conduct by non-citizens who have lived in the Australian community for most of their life, or from a very young age."