Criminal history of more detainees revealed as Albo faces the heat

A people smuggler, scammer and violent criminal were released from immigration detention and at least two ex-detainees convicted of murder are free of ankle monitors.

• Morrow: Why Giles has to go

A suspected people smuggler accused of sexual assault, a ringleader in a $2 million scam and a man connected to a string of violent crimes are among the non-citizens allowed to stay in Australia under a direction issued by the Albanese Government.

Anthony Albanese was forced into damage control on Wednesday as he announced his embattled Immigration Minister Andrew Giles would be issuing a new directive to ensure community protection outweighed other factors considered in future deportation cases.

The backflip came as Australian Border Force officials also revealed at least two and up to five former immigration detainees previously convicted on murder charges were free in the community without ankle monitors following the NZYQ High Court ruling.

The Prime Minister has continued to resist growing pressure to sack Mr Giles, who has come under fire for a litany of immigration disasters, including that dozens of non-citizens convicted of serious crimes have been permitted to remain in Australia despite failing the visa character test.

In these cases the Australian Appeals Tribunal (AAT) repeatedly cited Mr Giles’ “Direction 99” first issued in January 2023, which required a non-citizen’s connection to the country, such as through children or length of stay, be given weight when determining if they should be deported.

Prime Minister Anthony Albanese says the visa direction is being changed. Picture: NewsWire / Martin Ollman

This included an Afghan man known as XRGY who was investigated for potential people smuggling, while later in immigration detention he was “involved in a number of incidents … in which he behaved violently, abusively or inappropriately”.

This included attempts to “hug and kiss a woman without her consent”.

Despite these incidents, the AAT ruled the “strength, nature and duration” of XRGY’s ties to Australia outweighed the refusal of his visa.

Another non-citizen permitted to stay was a Sudanese national known as ZTFH, who came to Australia as a teen and was later convicted with a string of offences including stealing, trespass, affray and common assault.

In one incident he smashed another man in the face with a glass bottle.

His violent behaviour continued inside immigration detention where he “continued to … engage in aggressive behaviour”.

But the AAT found ZTFH’s ties to the Australian community outweighed any future risk to the community.

Immigration Minister Andrew Giles is under pressure to resign over a series of debacles in his portfolio. Picture: NewsWire / Martin Ollman

Also saved from deportation was Irish national Stiofan Ceitinn convicted over his involvement in a fake software scam that stole more than $2m from Australians.

Ceitinn was sentenced to eight years in prison after pleading guilty to two counts of fraud related to the “Irish Boys” boiler room scheme on the Gold Coast.

The AAT again cited Direction 99 in overturning his visa cancellation, ruling his “social ties in Australia” should be given a “significant measure of weight.

Under a barrage of Opposition attacks over Labor’s handling of the multiple immigration issues, Mr Albanese announced Direction 99 would be replace with a new directive.

“The new directive will ensure that the protection of the community outweighs any other consideration,” the PM said.

The backflip came as a Senate estimates hearing on Wednesday was told less than five of the seven non-citizens convicted of murder or attempted murder who were released onto the streets following the NZYQ High Court ruling no longer had ankle bracelets.

Coalition home affairs spokesman James Paterson says it is ‘extraordinary’ for Labor to not have a precise answer on the number of convicted murderers in the community without ankle monitors. Picture: NCA NewsWire / Martin Ollman

Coalition home affairs spokesman James Paterson said it was “extraordinary” that at least two people were not being electronically monitored.

Mr Paterson also said every single one of the visa cases overturned due to Direction 99 must be reviewed and rejected Labor’s attempts to lay blame for the issue onto the Department of Home Affairs.

“The only person who can take responsibility for this is ultimately Andrew Giles,” he said.

“And if he refuses to do so, then the Prime Minister should do so. We think Andrew Giles should be sacked.”

Mr Giles said the AAT did not follow the intent of his direction and described his department’s failure to alert him to the overturned cases as “unacceptable”.

But he said he had no intention to resign as minister.

“I owe the Australian community to work day and night to keep the community safe, to do everything I can do with strong laws and resources,” Mr Giles said.

Other detainees released under Mr Giles’ previous direction included a serial rapist who attacked 26 people, while another man had “the most notorious child abuse video every produced” which included acts of torture, mutilation and bestiality.

A third former detainee was allegedly involved in the brutal assault and robbery of two elderly retirees.

Do you know more? Message 0481 056 618 or email [e-mail]

Originally published as Criminal history of more detainees revealed as Albo faces the heat