The Sauce: Administration Appeals Tribunal overturns visa cancellations of 5 criminals
Five convicted criminals who were to be deported from Australia, including one who choked a woman with Down syndrome, have had their visa cancellations overturned. Read details in The Sauce.
NSW
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Five convicted criminals who had been set to be booted out of Australia had their visa cancellations overturned this month.
The cancellations — which had been triggered under the Migration Act following their convictions — were revoked after they appealed in the Administration Appeals Tribunal (AAT).
They included a man who arrived in Australia from Sri Lanka 12 years ago before being convicted last year of sexually touching a woman with Down syndrome and choking her without consent.
The woman had lived on the first floor of a boarding house. He was on the second floor.
The tribunal noted the local court transcript of the proceedings stated how the man had choked her for “about seven seconds” — and continued to “grope her” — before another resident who heard her screams and cries came to her rescue.
The transcript stated that the man left “but continued to knock on the victim’s door for some time afterwards”.
He pleaded guilty to both offences and was given a 14-month prison sentence, later reduced to eight months non-parole on appeal. The offences resulted in his visa being cancelled.
In reversing the decision, the tribunal said the man had denied the facts and claimed he had only pleaded guilty because he understood the matter would be dealt with quickly and he would get shorter sentence.
In a separate case, a man from Malaysia convicted of multiple drug offences — including supplying methylamphetamine and possession of a knife — also had his visa cancellation overturned by the tribunal.
The man had five other offences, which were committed while he was on bail around the time of the most serious offences, taken into account, the tribunal said.
A few years later, he was back before the courts and sentenced for driving while unlicensed, with a prohibited substance in his blood, having stolen goods in custody, and possessing prohibited drugs.
In 2021, he was sentenced to four years jail for supplying a commercial quantity of ice.
In ruling against his deportation, the tribunal noted that the man had not lived in Malaysia for 27 years, that his mother was in Australia, and that he been diagnosed with depression, a substance use disorder and a gambling addiction.
And last week it was revealed the tribunal had revoked the cancelled visa of a serial domestic abuser from New Zealand, who attacked his last partner with a baseball bat because she was working too much.
The tribunal based its decision on the needs of his children, while the man also had declared he was now drug-free and being treated for his mental health.
While the focus has been on detainees released from indefinite detention after the High Court ruled it was unconstitutional, it is only time before attention turns to the AAT.
BUSY BEE
The latest NSW Ministerial Diaries are out — and just who was allowed to get in the ear of a Labor minister is there for all to see.
Premier Chris Minns had a busy three months, meeting representatives from PwC, Tabcorp, Airbnb, AFL, NSW racing supremo Peter V’landys, former Labor housing minister turned Businesss Western Sydney executive director David Borger, NSW Blues Origin coach Michael Maguire, and Karl Stefanovic.
Minns also met Israel’s ambassador to Australia, Amir Maimon.
In a separate meeting, the premier also met with Australian Palestinian Advocacy Network (APAN) president Nasser Mashni, Sheikh Shadi Alsuleiman, Dr Ibrahim Abu Mohammed, Mufti of Australia, the Lebanese Muslim Association and the Australian National Imams Council.
Multiculturalism Minister Steve Kamper and Customer Service Minister Jihad Dib also attended the meeting.
Interestingly, Minns also met with his former Labor political rival Jodi McKay.
Two years ago, McKay sensationally resigned from the leadership after a disastrous result in the Upper Hunter by-election, and ongoing talk of possible challenges.
The move followed Minns losing the Labor leadership to McKay after the 2019 state election.
Upon resigning, McKay took a swipe at her party, saying: “It is clear that although I was elected leader in a democratic ballot, there were those within our party who have never accepted the outcome of that process.”
McKay is the national chair of the Australia India Business Council.
The meeting with Minns was listed as a “meet and greet”.
TICKLED PINK
From waging a war on “crap” building site toilets to bringing the phrase “lipstick on a pig” back into circulation, it is fair to say there will be never be another NSW Building Commissioner quite like David Chandler.
In his five years in the job, Chandler invoked terror at building sites across the state with his unannounced visits, basement probing and flipping of bathroom tiles in search of dodgy work.
Having paved the way for his successor to continue his good work, Chandler this week called time on his career at the NSW Building Commission.
But just because he won’t be seeking an extension of his contract, that doesn’t mean we have seen the last of him.
The Sauce can reveal Chandler’s portrait is sitting in the NSW Art Gallery, having been entered into this year’s Archibald Prize by Surry Hills artist Amanda Doctor.
Doctor, who has known Chandler since they were 18 and has a close friend who is now married to him, said she decided to paint his portrait several years ago.
However, the former TV producer told The Sauce she only approached him about the idea late last year.
“I gingerly approached the subject and he said really?” she said.
“He came to my studio a couple of times and I also followed him around building sites.
“I’ve wanted to paint him for years. He is a complicated character.
“He has a lot of integrity, and doesn’t suffer fools. But he has a heart of gold. He is a moral, upstanding man.”
Doctor will find out if her portrait makes the cut on May 30 — but even if it doesn’t, she’s happy.
“I’m just tickled pink it’s at the gallery right now,” she said.
TERMINATION PAYDAY
It’s only been a year, but taxpayers have already paid more than $260,000 in severance pay to Minns government staffers leaving their ministers’ offices.
The figure — obtained by Liberal MP Matt Cross under freedom of information laws — does not include more than $700,000 in termination pay handed to three former NSW Police chief media advisers in the past two years.
The released documents show nine staff were paid a combined $263,684 in the year to March 28.
Three staff from the office of former minister Tim Crakanthorp were given a total of $137,350.43, while two from the office Local Government Minister Ron Hoenig received $35,846.
A staffer from Premier Chris Minns office got $43,600, while another from Police Minister Yasmin Catley received $25,375.
Another staffer from the office of Agriculture Minister Tara Moriarty was paid $11,499, while a staffer who left Finance Minister Courtney Houssos’s office received just over $10,000.
BORDER WATCH
The who’s who of the Liberal Party are expected to turn up to a major fundraiser being held in the CBD to mark 50 years since John Howard won the Sydney seat of Bennelong.
While details are being kept closely under wraps, The Sauce has been told tickets to the event are $200 a pop.
The timing of the event is apt, given it is being held on May 23 — around the time the Australian Electoral Commission (AEC) releases its long-awaiting draft boundaries.
Bennelong — a seat that has flip-flopped between Liberal and Labor MPs in the past few elections — is one the major parties are watching closely to see who might benefit from the redistribution.
The prized seat is presently held by Labor MP Jerome Laxale — but should more Liberal areas be included, he may face some stiffer competition.
Just how the AEC redraws Bennelong will also impact Parramatta.
Should the prized Western Sydney seat gobble up more Liberal suburbs, sitting Labor MP Andrew Charlton could well end up facing off against former Liberal state minister David Elliott.
Further west, all eyes are on independent MP Dai Le’s seat of Fowler, which Labor wants to carve up; while over the Bridge, “teal” independent Kylea Tink is awaiting her fate with her seat of North Sydney expected to be subsumed by Warringah, held by fellow teal Zali Steggall.
Got some Sauce? Contact linda.silmalis@news.com.au
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