A Kiwi busted growing cannabis in his Perth home and found in possession of a plethora of drugs and paraphernalia has lost an appeal to be booted out of Australia under its 501 policy.

Phillip Rewha spent the first 24 years of his life in New Zealand before moving to Australia in 1995.

While he clocked up two drink driving convictions about a decade later, it was a visit to his home by police on March 30, 2021, searching for another family member that uncovered a cannabis growing operation in his room, along with numerous other drugs, including meth.

Rewha had fully converted a room for the cultivation of cannabis and four mature cannabis plants were inside.

The police also found a plethora of other drugs, just a few of which include LSD, mushrooms, MDMA, oxycodone, and 13.45gms of methylamphetamine - more commonly known as methamphetamine, a tick sheet, scales, clip seal bags, and a phone with details of him selling drugs to other people, along with $1190 cash.

They also discovered firearms, ammunition, and drug paraphernalia.

He pleaded guilty to multiple charges and was jailed for two years in the Perth District Court, with Judge Lonsdale noting he had been “routinely using drugs and dealing in drugs over a long period of time”.

Then, in October 2021, the Australian Government cancelled his visa.

Rewha requested a revocation of his visa cancellation in November 2021, which was also denied, before he filed for a review in the Administrative Appeals Tribunal of Australia in October 2022, stating he believed the decision was “wrong”.

Under Australian law, a person would fail a character test if they had a “substantial criminal record” or having been handed a sentence of more than 12 months’ prison.

In the hearing, Rewha conceded he failed the character test so that left the tribunal to find “another reason” for him to remain in Australia.

The hearing, held last month, saw his partner, sister, and daughter all give evidence, along with Rewha himself.

Rewha, aged in his early 50s, through his lawyer submitted he had a strong employment history and contacts, had a large family in Australia including a partner, stepchildren, sister, adult children, and a grandchild all of who would be “devastated” if he was to be deported.

He said his offending was linked to his previous meth addiction, however, he had been abstinent since his arrest and he’d completed a substance abuse programme and engaged with Narcotics Anonymous.

He was confident that with counselling after his release and the support of family and friends, he would avoid the “poor choices” which led to his offending.

Rewha said he had lived in Australia for most of the last 26 years and considered himself “part of the community rather than an immigrant”, he also contributed to the community by coaching and managing a local rugby club, and helping other extended family settle in Australia.

Having to leave would separate him from much of his family and would cause stress that might impede his re-establishment and standard of living, he submitted through his lawyer.

However, he confirmed he had multiple family members living in New Zealand.

The tribunal accepted his drug addiction began and was later exacerbated due to a number of traumatic events in his life, but while sympathetic it added Rewha was “a mature-age adult and his circumstances do not excuse the serious nature of his offending”.

It found that while there were “countervailing considerations favouring revocation”, including the best interests of the children, “the primary considerations of the protection of the Australian community and the expectations of the Australian community outweigh those considerations”.

“Having regard to the relevant primary and other considerations ... the Tribunal is not satisfied that there is ‘another reason’ why the Cancellation Decision should be revoked.”

- Belinda Feek, Open Justice