Picture: John Donegan Source: News Limited
A BUDDHIST heroin trafficker has beaten a deportation order after his family blamed Australia for "making him what he is".
Phuong Dinh Do, who has been jailed six times for trafficking heroin and cannabis since migrating to Melbourne from Vietnam at the age of nine, will now be allowed to stay in Australia when he gets out of prison next month.
The 32-year-old career criminal has convinced the Adminstrative Appeals Tribunal that he is ready to "settle down and live a normal life".
The man's father told the AAT hearing he had discovered his son's drug habit at high school.
"My reaction to Phuong's behaviour was to shout at him and give him a beating," he said.
"This was the traditional Vietnamese way of disciplining children who misbehaved.
"Phuong would disappear for days on end and I could not keep on beating and yelling at him for the rest of his life".
Mr Do told the tribunal in a statement that "if he did not sell drugs, someone else would do so in his place".
But he insisted he was "unlikely to reoffend because he is now a mature adult who has learnt from his mistakes".
His brother, Phuc Do, told the hearing that "it is absolutely shocking that the Immigration Department would seek to send Phuong back to Vietnam when it was this country that made him what he is".
"I have read about people with much worse criminal records being allowed to stay in Australia but Phuong was not even given the benefit of a warning to get his act together," the brother said.
"If he were to be given a second chance, he knows he cannot mess it up again."
AAT member Regina Perton agreed, concluding that Mr Do would "face challenges" if sent back to Vietnam.
"Mr Do's record of criminal convictions over several years for similar crimes does not of itself inspire strong confidence in his ability to reform," she said in a newly published judgment.
"On the other hand, there are many people in the Australian community who have succumbed to drug dependence and committed crimes to pay for their habit."
Ms Perton found that Mr Do now has "a very high level of motivation" to avoid a relapse, given the ongoing threat of deportation.
The AAT also ruled that a New Zealand man, who cannot be named for legal reasons, be allowed to stay in Australia when he gets out of jail for assaulting a taxi driver, police and his former pregnant partner.
In a newly published judgment, AAT deputy president Robin Handley noted that the man had been drunk, hungover or had lost his temper at the time.
He made the "extraordinarily difficult" decision to let the man stay, ruling that "the risk of future harm should be tolerated by the Australian community for the sake of the best interests of his children".
A spokeswoman for Immigration Minister Brendan O'Connor said the minister was seeking legal advice on appealing against the AAT decisions.
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