AAT deputy president gives New Zealand Comanchero bikie his visa back, overruling Peter Dutton's delegate
Administrative Appeals Tribunal deputy president Jan Redfern has given a Comanchero his visa back, overruling Home Affairs Minister Peter Dutton’s delegate, despite being satisfied the bikie “may be a risk to the safety of the Australian community”.
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A Comanchero bikie labelled as a risk to Australia will keep his visa despite a ministerial delegate and an Administrative Appeals Tribunal member agreeing it should be cancelled.
AAT deputy president Jan Redfern saved the Maori bikie by overruling Home Affairs Minister Peter Dutton’s delegate and senior AAT member Michael Ison.
She did so despite saying in her written finding: “I am satisfied that the applicant (the bikie) may be a risk to the safety of the Australian community or segment of the Australian community.”
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In what is a rare occurrence, AAT senior member Mr Ison wrote a dissenting decision in which he disagreed with Ms Redfern’s decision not to cancel the bikie’s visa and argued Mr Dutton’s delegate’s decision to scrap the visa should stand.
The decisions of Ms Redfern, who is the head of the tribunal’s Migration and Refugee Division, and Mr Ison, Victoria’s former acting Freedom of Information Commissioner, had not made been made public when the Herald Sun contacted the tribunal about them on Wednesday, despite being delivered on August 27.
Copies of both controversial written decisions have been seen by the Herald Sun.
The Herald Sun is unable to identify the bikie for legal reasons.
During a tribunal hearing into his appeal against losing his visa, he denied being a bikie, but Victoria Police documents refer to the him as a “prospect” of the Comanchero bikie gang and that he associated with known Comanchero members.
Mr Dutton’s delegate scrapped the bikie’s visa in February on the grounds his continued presence in Australia “poses or could pose, an unacceptable risk to the health and/or safety of the Australian community or a segment of the Australian community”.
In evidence provided to the tribunal, the minister’s delegate also said the bikie “has a willingness and propensity towards serious criminal activity involving violence”.
Ms Redfern set aside the visa cancelling decision of Mr Dutton’s delegate and substituted it with her decision not to cancel the bikie’s visa.
She acknowledged in her written decision that senior tribunal member Mr Ison disagreed with her decision not to cancel the bikie’s visa, but her position as the presiding member meant her decision took precedence.
“Given I am the Presiding Member my opinion and, therefore this decision, is the operative decision of the Tribunal,” Ms Redfern wrote.
Ms Redfern’s reasons for giving the bikie his visa back included the hardship he and his immediate family members, who live in Australia, would face if he was deported to New Zealand and the “considerable psychological, emotional and possible financial hardship to the applicant if his visa remains cancelled and he is removed”.
The Herald Sun revealed in September last year that Ms Redfern, jointly with part-time tribunal member Alison Murphy, saved a dangerous Apex gang member from deportation to New Zealand after overturning a decision to cancel his visa.
She did so despite evidence from Victoria Police that the thug embarked on a seven-year crime spree “of a violent and anti-social nature” and included convictions for a number of violent offences.
In April this year Ms Redfern overturned a decision by a delegate for Mr Dutton to cancel the student visa of a Chinese woman charged with manslaughter.
In May this year the Herald Sun revealed Ms Redfern, jointly with AAT member Dr Colin Huntly, overturned a decision by Mr Dutton’s delegate to cancel the visa of a Nigerian student.
She did so despite Mr Dutton’s delegate telling the AAT the student visa was cancelled because there was a reasonable suspicion it was obtained as a result of “fraudulent conduct”.
The AAT was told the Immigration Department was investigating corrupt activity involving corrupt officials in South Africa being bribed to give Australian visas to Nigerians.
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