Sex assault refugee has visa cancellation overturned
A refugee who served almost three years in prison after encouraging his cousin to rape a woman and refusing to intervene despite her pleas has won an appeal to have his visa cancellation overturned.
NSW
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A refugee who served almost three years in prison after encouraging his cousin to rape a woman and refusing to intervene despite her pleas has won an appeal to have his visa cancellation overturned.
The 25-year-old, who arrived in Australia from Iraq in 2008, was found guilty of one count of aggravated sexual assault in company by a jury.
The Administrative Appeals Tribunal heard the man, and his cousin had gone to a motel where he and a woman had consensual sexual intercourse.
The Tribunal heard the man’s cousin later “physically forced himself” on the victim, before having non-consensual sex.
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It heard the man advised his cousin not to wear a condom as “it feels better without one”, while also laughing off the woman’s pleas for help, declaring: “Don’t worry ... you’ll like it.”
While the man’s cousin was the main offender, the court at the time deemed the man as being in a position where he could control or dissuade his cousin.
The Tribunal heard the man has been detained at Villawood Detention Centre since December 2016 when he was released from prison.
In considering his appeal, the Tribunal noted the man had shown remorse for his actions, while also displaying “limited empathy” for the victim.
There had also been no adverse incidents in detention, despite the environment being a “hothouse” where “dangerous, violent or even merely bad conduct” were exhibited by those disposed to that type of behaviour, it heard.
Declaring the man was at “limited risk of offending”, Tribunal senior member Milton Griffin, QC, said the “correct” decision was to reinstate the man’s visa.
“The primary consideration of the protection of the Australian community ultimately weighs in the Applicant’s favour,” he said.
Originally published as Sex assault refugee has visa cancellation overturned
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