Immigration Minister Peter Dutton says Australia will happily pay air fares of New Zealanders in immigration detention so they can return home while their appeals are heard.
Mr Dutton said he had discussed this on Tuesday with New Zealand Police Minister Michael Woodhouse, providing him with background information on the weekend disturbance in the Christmas Island detention centre where a significant number of New Zealanders facing deportation are being held.
He said he was keen to work with Wellington to return people to New Zealand, even if their cases haven't yet been determined.
"I'm more than happy to pay their airfare to go back to New Zealand and they can have the matter heard by video link, for example," he told reporters in Canberra.
"If they get up on appeal and the cancellation is overturned, they can return to Australia on a no prejudice basis."
Mr Dutton said those who lost their appeal would not be coming back to Australia.
"I've explained that to my counterparts in New Zealand and we have made it very clear to the detainees as well," he said.
Mr Dutton said 199 people were being held on Christmas Island, many with serious criminal records.
That includes 11 convicted of armed robbery, 27 convicted of assault, five for child sex offences, four for drug offences, nine for causing grievous bodily harm, two for manslaughter, four for rape or sexual assault and nine for theft.
"It is a hardened criminal population," he said.
A significant number are New Zealanders facing deportation after failing the immigration character test.
Some could have their stay extended to face charges over the $1 million worth of damage to the detention centre.
"Police will look at that and they'll determine whether or not charges should be preferred but that will take precedence," Mr Dutton said.
"If they have committed an offence against Australian law, they will face the courts here."
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