A migrant convicted of sexually abusing a nine-year-old girl has been permitted to stay in Australia after a tribunal reinstated his visa, a decision that has drawn sharp criticism from a prominent lawyer and the families of victims.
The 83-year-old UK national, whose identity is protected by legal reasons, was sentenced to 14 months in prison in 2024 for the assault, which occurred in the presence of another child. A Perth court heard the abuse involved "a degree of force or coercion," according to the presiding judge.
Following his release from jail, the man's permanent visa was automatically revoked. However, he successfully appealed this cancellation last year before the Administrative Review Tribunal (ART). The tribunal cited his "very strong ties" to Australia and "significant impediments due to his ill health" if he were to be returned to the UK as reasons for reinstating his visa. The man reportedly told the ABC after the hearing, "Well, I've got my visa back, so it's all good."
Specialist abuse lawyer Andrew Carpenter condemned the ART's decision, stating that conviction for child abuse should result in immediate deportation. "Australians do not want convicted child sex offenders here," Carpenter said in a video addressing the case. He questioned the tribunal's finding that the man "did not represent an unacceptable risk to the Australian community," arguing that child abuse and subsequent charges should inherently constitute such a risk. Carpenter urged Home Affairs Minister Tony Burke to prioritize victims and deport the individual.
The case has ignited public anger online, with many expressing dismay over the decision. "Where is the care and safety for our Australian children and citizens. WTF is wrong with our government allowing this to happen?" one social media user commented. Another stated, "There should be zero tolerance of any child sex abuse offender. Cancelling visas is the first thing we should do."
This decision comes in the wake of the Albanese government's introduction of Ministerial Direction 110 in 2024, which aimed to strengthen visa cancellation and deportation rules for serious offenders. However, the direction still allows for an applicant's ties to Australia to be considered in such decisions.
The families affected by the case have expressed feelings of betrayal. The mother of the young boy involved in a separate, though related, case for which the man was acquitted, stated she was horrified he could remain in the country. "His needs were put before the victim's, before the community… why are we giving priority to an abuser over Australian child victims of sexual abuse?" she asked. She indicated that appeals to Minister Burke to deport the man "in the public interest" had been met with a response stating he was not legally obligated to exercise such power.
This case is reminiscent of another recent revelation where a convicted child sex offender, who served jail time for multiple assaults against underage boys, may also be allowed to stay in Australia. His psychologist argued he would pose less risk of reoffending if granted a permanent protection visa. This individual faces deportation restrictions due to findings against him and claims he cannot be sent to another African nation due to his sexuality.