A convicted robber who attacked an elderly man for his pokie winnings should be deported to New Zealand despite living in Australia since he was five years old, a court has ruled.
Tyler Pewhairangi, who is now in his late 20s, was sentenced in Wollongong District Court in October 2020 to more than three years in jail for aggravated robbery over the attack.
As a result, his visa was cancelled under laws that determine a person should fail a character test if they have a prison sentence of 12 months or more on their record.
In a judgment delivered on Monday, a panel of three Federal Court justices dismissed an appeal by Pewhairangi that challenged the cancellation of his visa.
The decision follows recent changes to a controversial ministerial direction that has been used to reinstate the visas of foreigners found guilty of serious crimes.
While the previous direction prioritised a person's ties with Australia among other factors, the updated directive puts greater emphasis on community safety.
Pewhairangi was playing poker machines in a hotel about 1am on December 21, 2019 when he followed a 77-year-old man who had just collected his winnings.
After being seen on CCTV speaking to the elderly man for a short time, the much-younger Pewhairangi punched him repeatedly in the left side of his head and face.
The man fell to the ground before Pewhairangi told him "give me your money", taking $120 out of his pants pocket, according to an agreed statement.
The man's shirt was left soaked with blood and he lost his hearing aids in the attack.
"He was an easy target for a fit young man like the offender and his attack upon the victim was, on any view, cowardly," the sentencing judge said.
Pewhairangi arrived in Australia in 2001 when he was five years old and his immediate family, including his parents and a brother all lived in the country.
Since having his visa revoked, he unsuccessfully appealed the decision once before in the Federal Court and to the Administrative Appeals Tribunal.
In his latest appeal, Pewhairangi argued mental-health issues such as alcohol and gambling disorders, depression and anxiety should be treated in Australia and would be made worse if he had to return to New Zealand.
Most of Pewhairangi's extended family in New Zealand were either involved with bikie gangs or were drug users, the court was told.
Pewhairangi's mother previously told the tribunal she had fled from a violent domestic situation when he was 12 and she had reluctantly only taken his brother with her.
She said he had not coped well with the breakdown of his parents' relationship.
The court ordered Pewhairangi to pay the legal costs of the federal immigration minister, who was listed as the first respondent on the appeal.
Lifeline 13 11 14
beyondblue 1300 22 4636
