More rapists and sex offenders spared by crazy Australian immigration law

Four more convicted sex offenders – including a child sex offender – and a prolific Sydney cocaine dealer were all spared deportation off the back of Immigration Minister Andrew Giles’ soon-to-be-scrapped Direction 99.

Mahmoud Younes, a Lebanese citizen who had dragged a woman into his car and molested her, had the cancellation of his visa overturned after the Administrative Appeals Tribunal found that the strength of his ties to Australia carried “considerable weight” in his favour. That finding came despite the fact he had spent three of his six years in Australia in jail.

The strength, nature and duration of an individual’s ties to Australia was elevated to a primary consideration under Mr Giles’ Direction 99, and that factor has since been cited in dozens of AAT decisions overturning visa cancellations for serious offenders.

In Younes’ case, the AAT found his extensive family ties in Australia warranted the revocation of his visa cancellation.

In another case, Steven William Morgan, a former ballet teacher convicted of indecent acts against one of his students, was spared deportation back to New Zealand due to his ties to Australia and the needs of his three disabled children.

Morgan was convicted in 2021 of historical offences against one of his young female students over the course of four years in the late 1990s. But the AAT ruled his longstanding relationships in Australia and the needs of his children were strong enough to warrant the overturning of his visa cancellation.

The cases of Younes and Morgan takes to 13 the number of convicted sex offenders found by The Australian to have had their visa cancellations overturned since the introduction of Direction 99 early last year.

After several days of revelations showing how serious non-citizen criminals – including repeat domestic violence perpetrators, drug traffickers and large-scale money launderers – were having their visas reinstated off the back of Direction 99, Mr Giles on Wednesday revealed that the direction would be replaced due to a lack of “common sense” in a number of recent AAT decisions.

The decision allowing Younes to remain in the country described how he had followed a woman walking along the road in his car late one night, persistently trying to solicit her for sex. She repeatedly refused, telling him she had a boyfriend, but he continued to follow her and eventually got out of his car, picked her up and carried her to the passenger seat.

There he placed his hands on her buttocks and breast. After he locked the door and walked around towards the driver’s side, the woman managed to open the door and run away.

AAT data shows the number of character-related visa decisions changed after review by the tribunal had spiked since the introduction of Direction 99. In the 2022 financial year – the last full year before the changes came into force – 39 per cent of visa decisions to go before the AAT were changed. That had jumped to 56 per cent in the nine months to March 31 this year. That figure may also end up being higher, with 76 – or almost 68 per cent – of the 112 decisions reviewed by The Australian so far all ending in visa cancellations being overturned.

Shortly before Mr Giles announced that Direction 99 would be replaced, The Australian revealed that convicted rapist Abu Bah had his visa reinstated after the AAT found his ties to Australia and the interests of his two children outweighed the protection and expectation of the Australian community. Bah’s drug-fuelled attack on a woman in 2017 drove his victim into a spiral of self-harm and homelessness but the AAT found his ties to Australia – including his time volunteering to help with the clean-up effort after the Brisbane floods – warranted the revocation of his visa cancellation.

Daniel Thompson, who arrived in Australia from Liberia in 2008 at the age of 30, also had his visa reinstated by the AAT after it was cancelled following his conviction on eight counts of rape.

All those charges related to one hour he had spent with a sex worker in a Brisbane brothel. Again, the AAT found the strength, nature and duration of ties to Australia and the best interests of minor children in Australia outweighed the primary considerations of the protection and expectations of the community.

Mr Giles originally expected his direction would crack down on the number of domestic violence perpetrators allowed to remain in the country. Documents released under Freedom of Information show that Mr Giles and the Department of Home Affairs chose March 8 last year as the start date for Direction 99 to coincide with International Women’s Day and the lead-up to Harmony Week.

“Issuance of the Ministerial Direction during this time would send a strong message to the community regarding the government’s commitment to combat family violence and protect women, particularly those from culturally and linguistically diverse communities,” says the correspondence from Home Affairs to Mr Giles on September 8, 2022.

The Australian’s review of the AAT’s decisions since Direction 99 came into effect, however, has identified at least 20 cases in which serious, repeat domestic violence offenders have been spared deportation.

In one case – Sefanaia Mitiani Tavola, whose criminal record includes multiple counts of domestic violence-related assaults – AAT deputy president Dennis Cowdroy stated that Direction 99’s instruction to consider an individual’s ties to Australia was the only reason the Fiji national was spared deportation. “The tribunal concludes that, taking into account that the applicant has resided in Australia since he was five years of age, was educated in Australia, has never returned to Fiji, has worked in employment in Australia, and has provided some positive contribution to his community in Australia, it would be contrary to the requirements of paragraphs 8.3(4)(a)(i) and (ii) of the direction not to revoke the decision under review, irrespective of the applicant’s criminal offending,” he wrote.

It is understood the government will examine the latest cases.

In a statement, Mr Giles said: “It’s clear that the current direction has not been used as the government had intended. That’s why we’re imposing a new direction to make the Government’s intention clear that the protection of the community outweighs any other considerations.”

https://www.theaustralian.com.au/nation/politics/more-rapists-and-sex-offenders-spared-by-direction-99/news-story/4b12f00bdf332a898483e0839a97fdb5

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