'She should stand up and say sorry'

501 deportees demand to know where money they gave to their advocate Filipa Payne has gone.

Called a ‘saint’ and an ‘angel’ for supporting deported gang members, drug dealers, and convicted criminals, now 501 advocate Filipa Payne is accused of turning on those she promised to help.

Filipa Payne has been an outspoken advocate for 501 deportees for over a decade.  

501s — as they’re commonly known — are people kicked out of Australia under Section 501 of their Migration Act, often for criminal convictions or gang ties. 

The hard line policy has been a source of ongoing trans-Tasman tension and Payne, a former Christchurch preschool teacher, believes it’s unjust.  

In 2018, Sunday followed Payne to Christmas Island where she met with people awaiting deportation to New Zealand. Viewers called her a “saint”, an “angel”, and a “symbol for the whole of humanity”.  

She’s an expert media wrangler, appearing in dozens of television, radio and print stories in New Zealand over the years. She’s also been quoted in the New York Times, The Guardian, and the Daily Mail. 

Two years ago, the 51-year-old announced an ambitious plan to take the Australian Government to court on behalf of 501s.  

But now Sunday has spoken with 501s who claim Payne mismanaged money donated to her company. They say when they’ve asked for explanations, Payne’s responses have been unreasonably defensive.  

One Auckland 501 who wishes to remain anonymous believes Payne has "different characters", saying she is the sweetest lady one minute, then if you ask her questions she doesn’t like, she becomes a really different person.

Recently, scores of Facebook comments reveal 501s and their families are worried they may have been duped out of a $500 fee she charged to be part of a class action lawsuit against the Australian Government.  

One 501 who donated $31,000 says she hasn’t supplied receipts of where the money has gone and blocked him for all forms of communication.  

Two lawyers say Payne failed to pay thousands of dollars in legal bills and have raised concerns about the company she set up to take donations from the public.  

With allegations swirling, Payne has approached multiple media organisations (including Sunday) refuting the claims against her. But when invited to be interviewed by us, she refused. 

She insists she has never misused funds or misappropriated donations.  After turning down our requests for an interview Payne emailed to say:

“There is no basis to the claims that I have squandered money, I worked hard to try and bring awareness and education.”
Filipa Payne, 501 advocate.

We've asked Payne for her company accounts, but she refused to supply them.  

The 501s Sunday spoke to accept their pasts will mean some people won’t believe them or care, but they’re frustrated that a once-ally has failed to deliver on what she promised.  

501 advocate Filipa Payne. (Source: Sunday)

501 advocate Filipa Payne. (Source: Sunday)

Christmas Island Immigration Detention Centre. (Source: Sunday)

Christmas Island Immigration Detention Centre. (Source: Sunday)

Comments posted on 501 support page. (Source: Facebook)

Comments posted on 501 support page. (Source: Facebook)

A photo of Kellar
A show poster of Kellar and 3 red devils

Crime and banishment 

501 deportees aren’t a popular bunch. Most have criminal records, gang affiliations, or what the Australian Government deems “bad character”.  

Many have served lengthy prison sentences, however, 501s say deportation is an “extra” punishment and being exiled from their homes and separated from their families goes too far.  

Once deported, it's extremely difficult for 501s to return to Australia — even to attend family funerals or visit their children.

A total of 2,572 people were deported from Australia back to New Zealand between 2015 and 2022. 

41% of 501s lived overseas for 10 or more years before being deported. But since they never secured Australian citizenship, the authorities cancelled their visas and sent them back to their country of birth.  

Former Australian Home Affairs minister Peter Dutton notoriously described 501 deportations as, "taking the trash out". 

In 2020, then-Prime Minister Jacinda Arden pushed back, saying "send back Kiwis, genuine Kiwis. Do not deport your people, and your problems.”  

Australian Prime Minister Anthony Albanese recently announced a shift on the policy saying while Australia would retain the right to deport people, it would now be done in a "common sense" approach.  

Last year, New Zealand Police revealed almost half of 501s had offended since arriving in Aotearoa, with crimes ranging from violent offences to traffic violations. Their offending rates are similar to recidivism rates among our prisoners.  

Interview with 501 deportee, Sosefo Tu'uta Katoa. (Source: Sunday)

Interview with 501 deportee, Sosefo Tu'uta Katoa. (Source: Sunday)

Sosefo Tu'uta Katoa has kept a low profile since arriving in New Zealand last year. He’s working in commercial construction and says he’s saving to open a barber shop in Christchurch.  

Back in Australia, the 29-year-old was a high-ranking member of the notorious Comancheros gang. He had an assault conviction when, in 2019, he was remanded over charges of bomb possession and blackmail. Police said they also suspect he was involved in gang shooting and arson, which Tu'uta Katoa denies.  

The charges were never proven but Tu'uta Katoa’s visa was cancelled on “bad character” grounds.  

After being held on remand for nine months, he was sent to Christmas Island’s Immigration Detention Centre.  

He fought his looming deportation while growing increasingly distressed with the conditions in the detention centre for 18 months.  

“People were being tortured there, like lockup for 24 hours and can’t even have shower for three, four days [sic]. It was killing us slowly. Some people committed suicide”.  
Sosefo Tu'uta Katoa, 501 deportee.

From inside the detention centre Tu'uta Katoa phoned 501 advocate Filipa Payne and suggested launching legal action against the Australian Government for the inhumane conditions. 

Ultimately, Tu'uta Katoa lost his deportation appeal and after having lived in Australia since the age of 10, he was sent to New Zealand. His young son remains in Australia.   

Tu'uta Katoa has given Payne over $30,000 to fund the 501 class action lawsuit. He says he has a right to know what is going on and how the money is being spent.  

Last year, he asked Payne for receipts and contact details for the lawyers. 

“She was offended by everything [I asked]. That’s when I thought ‘this is not right’.  She promises different things to what she does and it’s not good.”

Legal troubles 

When Tu'uta Katoa first suggested legal action against the Australian Government, Payne contacted lawyer Craig Tuck from LawAid International to see if it was viable.   

In an exclusive statement to Sunday, Tuck says, “An international and local legal team was involved in significant preparation, meetings and research with the view to providing an opinion — nothing more. Much of this work was recorded and videoed.”  

Tu'uta Katoa gave Payne $10,000 for an initial payment to LawAid International. 

Sunday attended the first meeting of legal experts in Tauranga in 2021 where Tuck and Payne were present.  

Payne said she wanted to raise $100,000 to fund the lawsuit and was prepared to “go to the gangs” for financial support.  

The suggestion was immediately shut down by Tuck. One lawyer in attendance abruptly left the meeting, later saying he felt uncomfortable and didn’t want to be involved.  

That same year, Payne set up Route 501 Advocacy and Support Ltd as a company rather than a charity or trust. This means her financial accountability is limited and any money paid to her company is technically income. 

She also launched a website and asked 501s to register for the class action lawsuit against the Australian Government at a cost of $500 per claimant.  

She says hundreds of 501s and their families signed up.

A show poster for Thurston the Great Magician

The 501s and their families Sunday has spoken with say they gave money to Filipa Payne in good faith...

... but now they want answers as to how their money is being spent.

One of those is Australian mother, Kerri Lee Cowden.  

“I'm fighting because there's a whole group of vulnerable families that have been traumatised. They’re grief ridden. Their children are being exiled and they'll never come home ever again.” 

Her 34-year-old son is currently serving an eight-year prison sentence. He was born in New Zealand, but Cowden moved to Australia while he was a baby.  

Despite his lifetime in Australia, her son will be deported to Aotearoa when he finishes his jail time.  

“I want him where he belongs. He's grown up in Australia. His whole family are Australian citizens. He has Australian children. Why send him back to where he's got no one?” say Cowden. 

Interview with Kerri Lee Cowden whose son will be deported at the end of his prison sentence. (Source: Sunday)

Interview with Kerri Lee Cowden whose son will be deported at the end of his prison sentence. (Source: Sunday)

When Cowden heard of the work Payne was doing advocating for 501s, she was ecstatic, “I was all in. When you're vulnerable and in that situation, you are grasping at anything you can get, and she was giving hope to everyone.” 

In total, Cowden paid $750, including the registration fee and another $250 to help Payne with her advocacy work.  

“I thought she was great. She was doing everything that we needed to be done. She was giving hope when no one else was. Everybody loved her and supported her.”
Kerri Lee Cowden, mother whose son will be deported at the end of his prison sentence.

Payne explained that after paying the registration fee, a lawyer would be in touch to speak to her son and gather evidence for the case.  

But Cowden says she heard nothing. 

“People [online] were starting to say that everybody's been scammed, she's taken the money and run. However, I don't think that's the way it was. I think she's done the right thing for a few years, and it’s all been overwhelming for her.”   

(Source: Facebook)

(Source: Facebook)

Behind the scenes, work on the class action had stalled. Payne told Tu'uta Katoa that lawyer Craig Tuck wasn’t doing the work he’d promised. 

She made a complaint to the Law Society, the outcome of which is pending.  

Tuck says the $10,000 doesn’t cover the work done and “there are very significant invoices outstanding and owed by Route 501.” 

Sunday understands the unpaid invoices total about $20,000. 

“I advised the company in early 2022 when invoices were not paid that we could no longer act,” says Tuck.  

“Payne has taken resources from our lawyers and specialists. We hope the promised funding is provided in due course. In the interim we continue to assist with individuals and families struggling with the deportation process and its consequences.” 

After the fall out, Payne went to Australian-based human rights lawyer Professor Patrick Keyzer of Reparation Legal law firm.  

In a statement to Sunday, Reparation Legal says “we committed to undertaking this significant human rights work because we believe the human rights of people who have been deported from Australia have been routinely and egregiously violated.” 

Instead of a lawsuit against the Australian Government, the team decided to make a series of individual complaints to the United Nations Human Rights Committee, although it would unlikely result in any compensation. 

Kerri Lee Cowden says she was never told of the change in lawyers or the shift in legal approach, “I donated to the cause and there's been nothing since. I haven't got a clue what’s going on. The money’s just gone.” 

But it’s not just Payne who should take the blame, she says.  

“I actually feel these lawyers who want their money should be stepping up and going pro bono. Families would donate to them if it was necessary, but their charges are so high. It's just out of range. People give up.”  

Reparation Legal reduced their fees by 75 per cent for Route 501. 

Sosefo Tu'uta Katoa paid another $10,000 for Reparation Legal at Payne’s request, while she continued to collect donations and registrations on her website.  

A trip to the United Nations 

While Reparation Legal continued with its work, an opportunity arose for Payne to go to Switzerland.  

The UN Committee Against Torture was holding a meeting in Geneva and Payne decided to make submissions regarding the Australian deportation system. 

Payne approached Tu'uta Katoa for help and he gave her a third payment of $10,000 towards the trip.  

Payne also made a public appeal for funds via Facebook, saying she and another person would put $6,000 of their own money towards travel.  

Social media posts calling for donations. (Source: Facebook)

Social media posts calling for donations. (Source: Facebook)

Payne has since admitted that despite depositing $6880 of her own money into the Route 501 account last year, she withdrew most of it, including $3,000 to “refund herself” for the Switzerland flights. 

Broken trust 

At the time of her trip, Payne was in a relationship with 501 deportee Shayne Forrester. 

Filipa Payne with Shayne Forrester. (Source: TVNZ)

Filipa Payne with Shayne Forrester. (Source: TVNZ)

Born in New Zealand in 1966, Forrester had a difficult upbringing. As a 14-year-old, he witnessed his father commit suicide and never returned to school.  

In the 1990s he moved to Australia where he became addicted to amphetamines. Later he became a manufacturer of the drug and spent 14 years in jail for his crimes.  

Forrester wasn’t an Australian citizen so on his release from prison, he was immediately taken to an immigration detention centre in Western Australia.   

After complaining of intense pain, a doctor suspected Forrester had prostate cancer and advised him to see a urologist.  

Instead, he was moved to Christmas Island where he spent two agonising months in detention without appropriate medical care.   

He was deported to New Zealand in February 2021 and was diagnosed with terminal prostate cancer.    

“I've battled [cancer] now for two years. I've had so many ups and downs. I'm going to soldier to the end of this, not just for me but for all the 501s and their families. They shouldn't be treated like this,” he says.  

Forrester says Payne’s compassion and attention was flattering. The two quickly grew close. 

“I thought she had a big heart to be honest. She showed me caring, she showed me a lot of things.”  
Shayne Forrester, 501 deportee.

Forrester had signed up as a claimant to the class action, paying the $500 registration fee in $100 instalments. His sister paid another $1,000 to Payne’s company. 

Interview with Shayne Forrester. (Source: Sunday)

Interview with Shayne Forrester. (Source: Sunday)

During their six-month relationship, Forrester says he saw Payne spend money from the Route 501 account.  

“I was actually with her two days prior to her going to Switzerland. I drove her around shopping. I was with her when she bought a Calvin Klein jacket, thanks to the 501s”. 

He claims she also used donated funds on her hair, beauty treatments, and shoes.  

Payne recently admitted to the Waikato Times she used “more than $1,500” from the Route 501 bank account to get her hair done, buy three outfits and some shoes, and to get clothes altered ahead of the trip to Switzerland.  

Forrester says he feels embarrassed he asked his family to contribute to the class action and UN trip, “she did push very hard ... I felt really, really obligated to give money”.  

While on another trip to Australia, Payne called Forrester saying she was staying with someone who was unstable, and she needed money for emergency accommodation.  Worried for her safety, Forrester says he transferred her $2,500.  

“That was my funeral money, and she knew that.”  
Shayne Forrester, 501 deportee.

Unbeknown to Forrester, Sosefo Tu'uta Katoa got the same call and he also gave her $1,000.  

Tu'uta Katoa’s donations to Payne total $31,000.  

“This is not just about money, it’s about trust. I trusted her and she broke that trust and used the money on the wrong things. 

“We’re trying our best to change this system and [people] just look at us like, oh they’re 501s who cares?” says Tu'uta Katoa. 

Meanwhile, Forrester and Payne’s romantic relationship soured.  

Forrester insists he has never been physically abusive, but admits they exchanged “nasty” texts during the breakup.  

Earlier this month, after complaints to police from Payne, his house was searched, and he was charged with misuse of an electronic device.  

He represented himself in court and pleaded guilty to the charge. Instead of issuing a sentence, the judge imposed a “suspended” sentence, or a “good behaviour bond” for six months.  

Sunday is aware of at least two other 501s that Payne has been in relationships with.  

Unanswered questions

When the bills came in from Reparation Legal, Payne said she paid $4,000 to the law firm and used a personal loan to pay another $5,000. But $12,000 remains unpaid. 

Late last month, Reparation Legal’s Patrick Keyzer ended his contract with Route 501 Advocacy and Support Ltd.   

“We had to stop work when it became clear that we had paid more in wages to the people working on this project than the firm had been paid.  In other words, we were losing money. 

“We remain hopeful that Route 501’s financial issues are worked out so that we can complete the work on the UN communications,” he says in a statement to Sunday. 

In March Payne said in a podcast that “just under 300 people” had registered for the class action, suggesting she had raised about $150,000.  

She later said not everyone who signed up had paid the $500 registration fee and she collected just $20,000.  

But since Tu'uta Katoa had already given Payne $20,000 for legal fees, he questions where the funds generated from registration fees went. 

On the New Zealand Companies Register, a note has been posted stating: 

“This company is now overdue in its obligation to file an annual return. If the annual return is not filed immediately the Registrar will initiate action to remove the company from the register.” 
New Zealand Companies Register.

Tu'uta Katoa believes Payne has received tens of thousands of dollars in payments. 

“She has one account here in New Zealand, she has one account in Australia, and she had a PayPal.  I know a lot of people who have paid but they are scared to come forward and speak about it.  But they’ve contacted me and that’s why I’m doing this,” he says. 

Payne has blocked Tu'uta Katoa from all forms of communication, including the Route 501 Facebook page. Despite this, he is confident the legal fight isn’t over. 

“I know we can do it.  But she used our money on wrong things and now we struggle. We struggle and it hurts. 

“She should stand up and say sorry, admit to what she’s doing,” says Tu'uta Katoa.  

Kerri Lee Cowden, mother of a 501 currently in prison, believes Payne went into it with the right intentions but is frustrated she’s slowing down the legal battle.  

“I know she meant well. But problems have come, and she needs to fix them. The best thing that she could do is come forward and just own up to it and get the help that we need.”  
Kerri Lee Cowden.

But Shayne Forrester doesn't think Payne should be involved in any future legal action with 501s and is angry she isn’t taking responsibility for her mistakes.  

“It actually started as a great cause. However, it can't be run like this,” he says.  

“We all had to pay for our actions. We were jailed, kept in detention, and deported back here for our wrongs. However, she's done wrong, too”.  

CREDITS
Mava Moayyed // Sunday Reporter
Del Byast // Sunday Producer
William Green // Camera
Rewi Heke // Camera
Carol Hirschfeld & Jane Skinner // Sunday Executive Producers
Nadine Christmas // Graphics
Taylor Hann // Video Content Producer
Wiremu Clarke // Digital Series Editor
Laura Ancell // Digital Longform Editor