Stephen Pokrywka sits on the phone to his youngest daughter almost every night until she falls asleep.
“That’s about all I can do for her at the moment … sorry, I get a bit emotional,” he says.
In his absence, his daughter is suffering from depression and anxiety and is living with a family friend.
Both of their lives are in limbo.
The UK-born 55-year-old from regional Western Australia was convicted in 2019 for attempting to supply methylamphetamine and sentenced to six years in prison.
The father of six and grandfather of 10 says he began using the drug socially and before he knew it, it had taken hold.
“I had the house, the job, the family, everything was going for me,” he said.
“You always think it won’t happen to you and it’s just a bit of fun, but it’s not just a bit of fun, it’s life changing.
“If I could turn back time, I would never have touched the stuff.”
In February this year, the parole board deemed Stephen fit to re-enter the community after serving about five years of his sentence, but he didn’t return home.
Instead, he was taken to Yongah Hill Detention Centre where he’s facing imminent deportation to the UK.
Despite moving to Australia at the age of 12, Stephen never became an Australian citizen.
“Mum got hers … I just never thought to actually do it,” he said.
“It would have solved a lot of problems.”
The path to deportation
All of Stephen’s children and grandchildren were born in Australia, some are descendants of First Nations people. His mother still lives here, his younger sister was born here.
He has no family left in the UK and has only ever been to visit once.
Before his addiction took over, he had been employed all of his adult life and this was his only stint in jail.
Under Australia’s migration legislation a non-citizen immediately fails the character test, and their visa is cancelled, if they are convicted of a crime that carries a sentence of 12 months or more.
Stephen was told his visa was being cancelled early into his sentence and with little money, decided to represent himself.
“I thought, who is going to send me back to a country I don’t live in and don’t know when I’ve got a young kid, other kids, grandkids – my whole family here,” he said.
“I thought common sense would prevail.”
But Stephen has now exhausted all avenues available to him and so far, the many letters from his family and friends to the Immigration Minister, Andrew Giles, asking for an intervention have been acknowledged but remain unanswered.
In response to questions from the ABC, a Home Affairs spokesperson said the Department does not comment on individual cases.
“Where unlawful non-citizens have exhausted all administrative, procedural and legal avenues and have no lawful basis for remaining in Australia, they are expected to depart or will be removed as required by law,” the spokesperson said.
Stephen’s family is reeling, terrified at what his deportation could do to him and to them all.
A daughter in great distress
About a year ago, the mother of Stephen’s youngest daughter became homeless and a friend, Chrissi, is now caring for the young girl.
“She believes they’ve [her parents] been taken from her. She’s angry, she’s depressed, the whole gambit,” Chrissi said.
“She has chronic anxiety, won’t even walk into the shops without me sometimes, and it’s not a performance.
“The kid just honestly feels let down by the world, like she’s being punished for things she never did.
“She is a bright, charming, beautiful, gorgeous kid who has all of these social issues because of the law.
“She will never come good without her daddy here.”
Stephen’s youngest daughter sent this text to the ABC:
I was promised years [ago] to get my father back.
I’m still waiting.
When they said he’s being deported, I asked why? And what does that mean?
When I found out I said ‘Oh, so … he’s not coming home’.
It was the worst day ever.
And the ripple effect doesn’t end there.
For his almost 21-year-old daughter, Jess, her father being released from prison only to be detained elsewhere is hard to fathom.
“It’s not only broken me, but I can see it’s affected us all,” she said.
“Having that ripped from you so suddenly, and ripped from him, was just destroying.”
Jess’s older brother Luke says he’s had to become the “main man” while his father has been inside.
“I’ve got into old boy’s car and slept in it a few times when I have a rough patch cos it’s the closest I can be to him,” he said.
“He’s always been a good dad, the one to go to if we needed him.”
Stephen’s mother, Heather, says she’s fearful of losing her son after only just “getting him back”.
“Him going to jail has made him the man he was before the drugs,” she said.
“His kids are really close to him.
“He needs a chance to prove himself. Everybody needs a second chance.”
‘What sort of society shreds families?’
In the 2013-14 financial year, only 76 Australian residents had their visas cancelled on “character” grounds.
That changed later in the year when amendments were made to the Migration Act by then-immigration minister Scott Morrison.
Now Australia removes over 1,000 people each year under the provisions of section 501.
It is a law few know about until it is often too late and while it can be overturned, it is a complex and expensive system to navigate.
A long-time advocate and arbitrator, Gerry Georgatos, has represented 22 people in similar situations to Stephen, with 21 of those able to remain in the country.
Mr Georgatos says of that cohort, none have gone on to commit any further crimes.
“I have long contended that the 501 migration laws … must be reformed,” he said.
“What sort of society shreds families?”
While Mr Georgatos is extremely unwell, with his Parkinson’s Disease accelerating, he has recently stepped in to help Stephen and his family.
But because Stephen’s case had already been heard, and his appeal denied years ago, his request for another review was recently turned down.
Losing hope
Stephen hopes his, and his family and other supporters, many messages to the minister might make a difference but he is losing hope.
“If I could speak to him (the minister) directly, I would say please give me the one chance to get back to my family and be a contributor to society,” he said.
“If I didn’t have children I would go, but there’s a little girl out there who’s grown up a lot quicker than she should of.
“I need to get back to her and look after her. Her and all my family.”
Loading