Deportation of Tony Mokbel associate cancelled now under review after Labor Direction 99 bungle

A feared Melbourne gangland figure accused of having strong ties to the Mokbel crime family has had his visa cancellation overturned under controversial legal guidance Labor is scrambling to fix.

A feared Melbourne gangland figure accused of having strong ties to the Mokbel crime family has had his visa cancellation overturned under controversial legal guidance Labor is scrambling to fix.

Kevin Farrugia, 51, is due to remain behind bars until at least May next year, but the Maltese national has been spared deportation upon his release in a decision published by the Administrative Appeals Tribunal (AAT) this week citing his longstanding connection to Australia.

Farrugia, who has been described by Victoria Police as a “high target,” cradled a severely injured Tony Mokbel after the convicted drug kingpin was stabbed and bashed inside Barwon Prison in a brutal 2019 ambush.

Embattled Immigration Minister Andrew Giles on Tuesday said he was “aware” of Farrugia’s successful visa appeal, which was now under review “in accordance with the national interest”.

In the last week Mr Giles has cancelled at least 35 visas that had been granted on appeal by the AAT since Labor’s “Direction 99,” which allows more weight to be given to a non-citizen’s connection to Australia, was introduced in January last year.

Kevin Farrugia had his visa cancellation overturned by the AAT. Picture: Jay Town

Farrugia, who has spent more than 12 years in prison for a range of offences, came to Australia from Malta as a 17-month-old baby.

Citing Direction 99, the AAT decided “substantial weight” should be given to Farrugia’s ties to Australia, noting he had “spent almost all his life” in the country.

Tony Mokbel in 2011.

The decision to let him remain in Australia came despite Farrugia’s “extensive” criminal record, which included a conviction of kidnapping and reckless conduct endangering life in 2003, one for assault by kicking in 2009 and “multiple convictions” for being a prohibited person in possession of a firearm.

He was also convicted for multiple drug related offences from 1993 to 2022, including “trafficking a commercial quantity of pseudoephedrine” in 2008.

Farrugia was investigated over the 2001 murder of drug dealer Wayne Boyd, but the case collapsed and all charges dropped when it was ruled the evidence of a key witness could not be used.

Mr Giles is due to issue new guidance replacing “Direction 99” to ensure greater consideration is given to community safety over non-citizen criminal’s connection to Australia, after conceding the previous advice was not being interpreted as intended.

Immigration Minister Andrew Giles is reviewing the Farrugia visa case. Picture: NewsWire / Martin Ollman

He last week implemented a 24-hour notice period for him to be quickly informed of any overturned visa cancellations so he could intervene using ministerial discretion if required.

Opposition immigration spokesman Dan Tehan said the risk of community harm continued until a new direction was issued.

“How many more non-citizen criminals will be allowed to remain in Australia because this government is not acting urgently to fix the problem they created,” he said.

“This is especially the case when they were advised of the flaws … over two weeks ago.

Farrugia’s visa could have been cancelled when he was released on bail but this decision was not made under the former Coalition government, including then home affairs minister Peter Dutton.