43-409: A sucker punch is a blow made without warning. Sucker Punch or suckerpunch may also refer to: Sucker punch A sucker punch ( American English ), also known as a cheap shot , coward punch , one-punch attack, or king-hit ( Australian English ), is a punch thrown at the recipient unprovoked and without warning, allowing no time for preparation or defense on their end. The term
86-504: A 20-year prison term for one-punch attacks causing deaths. The bill was debated on 17 June 2020 but was defeated due to opposition from the incumbent Labour-led coalition government , which contended that New Zealand already had legislation dealing with one-punch attacks. Following the defeat of the Coward Punch Amendment Bill, King launched a "One Punch Can Kill campaign" to promote "one punch" legislation based on
129-631: A judgment affecting two court cases ( Love v Commonwealth of Australia; Thoms v Commonwealth of Australia : [2020] HCA 3), first used the tripartite test in Mabo v Queensland (No 2) (1992) to determine Aboriginality of the two plaintiffs. The court then determined that if a person is thus deemed to be an Aboriginal Australian , they cannot be regarded as an alien in Australia, even if they hold foreign citizenship. The two men concerned, Daniel Love and Brendan Thomas, could not thus be deported as aliens under
172-724: A long period. Non-citizens facing visa cancellation can appeal to the Australian Administrative Appeals Tribunal (AAT), an independent tribunal which hears visa cancellation appeals. In December 2019, the New Zealand media company Stuff reported that 80% of appeals to the AAT were either rejected or affirmed the Australian Government's visa cancellation orders. The Australian Lawyers Alliance spokesperson Greg Barn alleged that
215-543: A one punch attack against another youth in Queensland's Gold Coast in November 2017; receiving a 12-month probationary sentence for assault and being ordered to pay a A$ 361 fine. He was also discharged without conviction. Maraku's perceived lenient sentence and insensitive post-sentencing behaviour had drawn significant media attention and public criticism. Australian boxer Kerry Foley had challenged Maraku to fight while
258-533: A person's mental health, and family violence. Under the proposed law, non-citizens convicted of a serious crime involving violence and weapons that is subject to a two-year prison term is eligible to have their visa cancelled. The proposed bill passed its third reading at the House on 16 February 2022. It was introduced to the Australian Senate on 30 March 2022. Dr. Abul Rizvi, former Deputy Secretary of
301-485: A petition calling for his deportation attracted 50,000 signatures. Commenting on Maraku's deportation, Dutton said: "It's no different to being invited into somebody's home - you don't start assaulting the residents of that house, you don't start assaulting Australian citizens and if you do you are shown the door." In September 2018, National Party Member of Parliament Matt King submitted his Crimes (Coward Punch Causing Death) Amendment Bill, which would have created
344-485: A petition calling for tougher laws dealing with "one punch" attacks. The term "sucker punch" was widely discussed after the New York Jets ' starting quarterback, Geno Smith , was sucker punched by a fellow player, IK Enemkpali , on August 11, 2015. The altercation was in the locker room about compensation regarding a $ 600 airplane ticket. Australian soap operas Neighbours and Home and Away have covered
387-553: A revised ministerial directive called "Direction 110" which stated that violent non-citizen criminals could be deported even if they had lived their whole lives in Australia. In addition, Giles reinstated the visa cancellations for 40 individuals, who had previously had their visa cancellations overturned under the previous Directive 99. A 1985 report by the Australian Human Rights Commission found that "two groups whose human rights are most at risk in
430-524: A risk to the community." This directive comes into effect on 3 March 2023. This directive was known as Ministerial Direction 99 and stated that immigration officials and the Administrative Appeals Tribunal had to consider a person's communal ties and time spent in Australia before cancelling a visa. The announcement was welcomed by New Zealand Prime Minister Chris Hipkins . By contrast, deportee advocate Filipa Payne criticised
473-786: A valid visa to be in Australia, whether their valid visa has expired or was cancelled. The original bill was introduced to the House of Representatives on 1 May 1958 by Alick Downer , the Minister for Immigration in the Menzies Government . In 1966, the Holt government amended the Act through the Migration Act 1966 . The amendments were relatively minor, dealing with decimalisation and identity documents for crew members of foreign vessels. Several sources have incorrectly identified
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#1732791246899516-542: Is "An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons." The 1958 Act replaced the Immigration Restriction Act 1901 , which had formed the basis of the White Australia policy , abolishing the infamous "dictation test", as well as removing many of the other discriminatory provisions in
559-418: Is generally used in situations where the way in which the punch has been delivered is considered unfair or unethical, and is done using deception or distraction. In boxing , a sucker punch—as is done when 'hitting on the break',—is illegal. For example, when James Butler knocked Richard Grant unconscious after losing a fight to him on points, his license was suspended and he served four months in prison. It
602-520: Is often thrown from behind—such as in the ' knockout game '—although striking from behind is not a prerequisite for a sucker punch. In 2021, notable figures in the MMA community, such as UFC middleweight champion Israel Adesanya and City Kickboxing head coach Eugene Bareman , called for legal changes and 'coward punch laws'. In 2014, New South Wales , Queensland and Victoria all introduced such laws. Between 2012 and 2014, significant media attention
645-606: The 2019 Australian federal election held on 18 May 2019. The Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 , dubbed the Medevac bill , introduced amendments to the Migration Act (and two other Acts), in order to give greater weight to medical opinion in allowing the medical evacuation of asylum seekers to Australia from Nauru (previously held in the Nauru Regional Processing Centre ) and Manus Island (previously held in
688-661: The Department of Home Affairs , the top ten nationalities that featured in visa cancellations on character grounds in 2017 were New Zealand , the United Kingdom , Vietnam , Sudan , Fiji , Iraq , Tonga , Iran , China , and India . Mandatory detention rules also apply to persons whose visa has been cancelled by the Minister, for example on character grounds, allowing such persons to be detained in immigration detention and deported, some after living in Australia for
731-772: The Manus Regional Processing Centre ). After discussion the amended bill passed in the House by 75 votes to 74 and passed in the Senate by 36 votes to 34, as the Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 . However, the 2018 ruling was overturned in December 2019, after 37 votes to 35 supported the government's move to repeal the law. On 11 February 2020 the High Court of Australia , in
774-418: The Migration Act was amended to impose a character test on visa applicants seeking to enter Australia and foreign non-citizens in Australia. These amendments included the introduction of a new mandatory cancellation provision under section 501(3A). Between the 2013–2014 and 2016–2017 financial years, the number of visa cancellations on character grounds increased by 1,400%. According to statistics released by
817-502: The Migration Act 1966 as the vehicle through which the Holt government dismantled the White Australia policy . In fact, the government's actions in that area required no modification of the existing legislation, and were accomplished solely through ministerial decree . The Migration Amendment Act 1983 substituted the words "immigrant" with "non-citizen", having the effect of removing all restrictions on entry by Australian citizens from
860-563: The Morrison government had stacked the AAT with members of the governing Coalition parties to ensure outcomes favouring the Australian Government's deportation orders. In January 2021, TVNZ 's 1News reported that 25% of New Zealand citizens in Australia subject to the 501 "character test" had successfully appealed against their deportations to the Administrative Appeals Tribunal . These figures included 21 in
903-506: The 1901 Act. The 1958 Act has been amended a number of times. Deportation decisions, provided for in section 18 the Act, are at the absolute discretion of the responsible Minister or his delegate. Deportation requires a specific deportation order (section 206) and applies to Australian permanent residents only. Removal is an automatic process applying to persons held in immigration detention and does not require any specific order to be made. (Section 198) It covers those persons who do not have
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#1732791246899946-769: The 2019-2020 financial year and 38 in the 2020-2021 year. In 25 October 2018, the Australian Immigration Minister David Coleman introduced the Migration Amendment (Strengthening the Character Test) Bill 2018 in response to anecdotal reports by Australian police forces that some judges had reduced criminal sentences to avoid triggering the criminal record threshold for mandatory visa cancellations under Section 501. The proposed Bill did not differentiate between adult and under-18 year old offenders, allowing
989-574: The Act. The implementation of this legislation became known as the Pacific Solution . The policy is regarded as controversial and has been criticised by a number of organisations. The High Court of Australia in Al-Kateb v Godwin (2004) confirmed, by majority, the constitutionality of indefinite mandatory detention of aliens. In December 2014, after Peter Dutton assumed the position of Minister for Immigration and Border Protection ,
1032-670: The Albanese government's plans to modify the Section 501 policy would allow foreign criminals to remain in Australia, endangering public safety and security. On 1 February 2023, Immigration Minister Andrew Giles confirmed that the Australian Government would preserve the 501 deportation policy but issued a ministerial directive for the Department of Home Affairs to consider the duration of time that deportees have lived in Australia as well as their ties to Australia. The Australian Government will also continue to deport individuals who "pose
1075-478: The Australian Department of Immigration , claimed that the proposed law could lead to a five-fold increase in deportations from Australia and adversely affect Australia-New Zealand bilateral relations . Following the 2022 Australian federal election held on 21 May 2022, the newly-elected Prime Minister Anthony Albanese indicated that while the Section 501 deportation policy would remain, he
1118-423: The Australian Government's changes as insufficient, objecting to the mandatory detention policy and taking issue with the clause allowing the deportation of individuals deemed to pose a danger. In late May 2024, Albanese and Giles announced that the Australian Government would rewrite Ministerial Directive 99 following criticism from Shadow immigration minister Dan Tehan and Opposition Leader Peter Dutton that
1161-479: The Crimes Act, intoxicated offenders convicted of assault causing death can face a minimum jail term of eight years and a maximum jail term of 25 years. In addition, Law Enforcement (Powers and Responsibilities) Act 2002 was amended to allow for the testing of offenders charged with assault causing death for intoxication. In December 2017, a Sydney man named Hugh Garth became the first person to be sentenced under
1204-623: The New South Wales law. This campaign was supported by professional boxer Joseph Parker and his trainer Kevin Barry . Following a one punch attack on mixed martial artist Fau Vake in May 2021, fellow mixed martial artist Israel Adesanya called for the introduction of legislation dealing with one punch attacks in New Zealand. Following Vake's death from his injuries, the conservative justice advocacy group Sensible Sentencing Trust sponsored
1247-542: The Victorian government introduced the Sentencing Amendment (Coward's Punch Manslaughter and Other Matters) Bill 2014 that treats one-punch attacks as manslaughter subject to a ten-year minimum sentence. In February 2018, Home Affairs Minister Peter Dutton ordered the deportation of New Zealander Caleb Maraku using a character test provision of the Migration Act 1958 . Maraku had been convicted of
1290-452: The administration of the Act are disabled persons and persons who have become Prohibited Non-Citizens". The Commission recommended that withholding of an entry permit only be on health (not disability) grounds. It said the Act was largely a machinery measure, with an emphasis on processes relating to entry to, and enforced departure from, Australia, which did not contain a statement of principles but works by conferring extensive discretions on
1333-601: The country by boat. The policy has been varied since 1992 by the subsequent Howard , Rudd , Gillard , Abbott and Turnbull governments . On 27 September 2001, under Prime Minister John Howard , amendments were made to the 1958 Act by the enactment of Migration Legislation Amendment (Excision from the Migration Zone) (Consequential Provisions) Act 2001 . Specifically, the new amendment allowed "offshore entry persons" to be taken to "declared countries", with Nauru and Papua New Guinea made "declared countries" under
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1376-413: The country without a valid visa , while their claim to remain in Australia is processed and security and health checks undertaken. Also at the same time the law was changed to permit indefinite detention, from the previous limit of 273 days. Mandatory detention has continued to be part of a campaign by successive Australian governments to stop people without a valid visa (typically asylum seekers ) entering
1419-715: The deportation of adolescent offenders. Despite opposition from New Zealand High Commissioner Annette King , the Law Council of Australia , Australian Human Rights Commission , and the United Nations High Commissioner for Refugees (UNHCR), the Migration Amendment Bill 2018 passed its first reading on 25 October. However, the bill lapsed at the dissolution of the Australian Parliament on 11 April 2019, prior to
1462-553: The deportation of its citizens. During a second state visit by Ardern in early July 2022, Albanese reiterated his government's commitment to amending the Section 501 deportation policy to consider individuals' long-term connections to Australia. Ardern had reiterated the New Zealand Government's concerns that individuals with minimal or no connection to New Zealand were being deported. In response, Shadow Home Affairs Minister Karen Andrews expressed concerns that
1505-551: The external territories such as the Cocos and Christmas Islands to the Australian mainland. The Migration Legislation Amendment Act 1989 created a regime of administrative detention of "unlawful boat arrivals". Such detention was discretionary. The Migration Reform Act 1992 , which came into operation on 1 September 1994, adopted a mandatory detention policy obliging the government to detain all persons entering or being in
1548-585: The ministerial direction had allowed several non-citizens convicted of serious crimes including rape, drug smuggling, kidnapping and serious assault to remain in Australia. In response to Australian plans to rewrite Ministerial Directive 99, New Zealand Foreign Minister Winston Peters and Prime Minister Christopher Luxon expressed concern that the policy revision would lead to the deportation of New Zealanders with little connection to New Zealand but said they would work with their Australian counterparts to address New Zealand's concerns. On 7 June 2024, Giles issued
1591-691: The new "one punch" law to ten years for an assault causing death in 2014. In addition, other one-punch laws were introduced in Victoria and Queensland in 2014. In August 2014, the Queensland Parliament passed the Safe Night Legislation Amendment Bill 2014 which amends the Criminal Code that introduces a 15-year minimum term for those convicted of fatal one-punch attacks. In September 2014,
1634-430: The provisions of the Migration Act 1958 , after both had earlier been convicted of criminal offences and served time in prison until 2018. The following day, Christian Porter , Attorney-General of Australia , said the decision created "an entirely new category of people in terms of what the government can and can’t do” a non-citizen non-alien, or "belonger". Porter said that the government would be looking to deport
1677-557: The small group of Aboriginal non-citizens who have committed serious offences in another way. In 24 November 2021, the Australian House of Representatives introduced the Migration Amendment (Strengthening the Character Test) Bill 2021 , which would expand the criteria of crimes allowing non-citizens to be deported from Australia including violence against a person, non-consensual sexual offenses, and convictions for common assault, bodily harm against another person, harm against
1720-488: The state would introduce new legislation to toughen sentences against drunken violence including "coward punch" assaults. These measures include minimum eight-year sentences for fatal one-punch assaults influenced by drugs or alcohol. The Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 amended the Crimes Act 1900 to introduce a new offence: "Assault Causing Death." Under sections 25A and 25B of
1763-578: The topic in storylines broadcast in September 2014 and October 2015 respectively. Sucker Punch is the name of a 2011 film by Zack Snyder. Maggie Lindemann released an album titled Suckerpunch on September 16, 2022. Migration Act 1958 The Migration Act 1958 (Cth) is an Act of the Parliament of Australia that governs immigration to Australia . It set up Australia’s universal visa system (or entry permits). Its long title
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1806-662: Was open to "tweaking" the policy to take into account the amount of time an individual had lived in Australia. In addition, New Zealand Prime Minister Jacinda Ardern stated that she would press the Albanese Government on the 501 deportation policy, which had complicated Australia–New Zealand bilateral relations. During a state visit to Canberra in June 2022, Ardern discussed the 501 deportation policy with her Australian counterpart. In response, Albanese reiterated that he would look at addressing New Zealand's concerns about
1849-713: Was paid to two violent killings involving one-hit punches in Australia , one of which being the death of Thomas Kelly . Noting that 91 people had died in Australia in the previous fourteen years from brain trauma as a result of being hit, a media campaign was launched to refer to them as coward punches. This campaign was supported by the New South Wales Government . Following the deaths of two teenagers from "one punch" assaults, New South Wales Premier Barry O'Farrell announced in January 2014 that
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