Aust. woman loses deportation appeal

Press, 16 August 1984, Page 13

Aust. woman loses deportation appeal

PA Wellington An appeal by an Australian, Cheryle Dianne Benson, against a deportation order has been dismissed by the Deportation Review Tribunal.

In February of this year, the then Minister of Immigration, Mr Malcolm, made the deportation order against Benson, who is serving a six-year jail term for narcotics offences.

In its decision, given recently, the tribunal said it had considerable sympathy for Benson, and hoped she would be able to put her tragic past behind her. However, the tribunal said it did not consider the deportation to be unduly harsh or unjust. The tribunal said Benson had been introduced to heroin by her brother at the age of 13, and from that time, except for two short periods, she had been addicted to the drug until her imprisonment in New Zealand in late 1982. Benson came to New Zealand with her daughter in 1978, where she became involved with an Auckland man, Stephen Benson, whom she married in March, 1981. The tribunal said that when Benson became involved in narcotics in Auckland, she decided to return her daughter, Melissa, to Australia. "Before her arrival in New Zealand, the applicant had been convicted in Australia of various narcotics offences,” the decision said. “In order to sustain her heroin addiction, the applicant became involved in trafficking that drug in Auckland. Her personal consumption of heroin was high. She set aside approxi-

mately two-thirds of her acquired drugs for her own use, and sold the balance to enable her to finance future transactions.” She was arrested in August, 1982, and sentenced to six years jail for possession of heroin for supply, and supply of heroin. “The applicant has had little contact with her husband, Mr Benson, since her imprisonment,” the tribunal said.

“With the exception of Mr Benson, all members of the applicant’s family reside in Australia. The applicant has few lasting connections with New Zealand, nor has she available to her in New

Zealand significant support.” Most important, the tribunal said, Benson’s daughter, now aged 11, lived in Australia.

“Although the applicant said that she wished to settle in Auckland with her daughter, this would, inevitably, involve disruption for the child at an important stage in her life. It cannot be said, in any event, that deportation will Sever the mother-daughter relationship.”

The tribunal found the applicant’s deportation would not be unduly harsh or unjust, and the appeal was dismissed.