Bodybuilding champ Gary Lewer to be deported after second legal challenge fails

World champion bodybuilder Gary Lewer is set to be deported after a Federal Court challenge to overturn the decision failed for a second time.

Gary Lewer will be deported from Australia after a court bid to overturn the decision failed for a second time. Picture: Nicole Garmston

A bodybuilding champion and former Mr Universe will be deported from Australia after a court bid to overturn the decision failed for a second time.

Three-time world champion body builder Gary Lewer, 67, launched a Federal Court challenge after former Home Affairs Minister Peter Dutton ordered he be sent back to Britain on character grounds in 2020.

The court on Friday dismissed Mr Lewer’s appeal on a ruling last year that upheld his visa cancellation, finding there was no error in the original decision.

Mr Dutton cancelled Mr Lewer’s visa based on a dossier provided by Victoria Police containing details about his criminal history and suspected involvement in tax evasion, drug trafficking and criminal damage.

The police report contained information about the untimely death of a prosecution witness who made a statement to the police implicating Mr Lewer in the importation and sale of precursor chemicals.

Former Mr Universe Gary Lewer

Gary Lewer is a former Melbourne Mr Universe titleholder.

A second report also provided an account of charges against Mr Lewer and nine other men over allegations they had sex with two 15 year old girls.

The report stated the charges were dropped on the morning of a court hearing when the two girls refused to testify, with suggestions they were fearful of implicating Mr Lewer.

“Throughout Gary Lewer’s residence in Australia he has forged a powerful reputation in criminal circles as being a violent individual who has the proven behaviour and financial means to inflict harm on any person that provides to police information about his criminal activities,” the report states.

“Gary Lewer possesses sound knowledge of police investigation methodology, is extremely disciplined in his criminal conduct to avoid detection and therefore is an extremely difficult suspect to investigate.

“There is no one else above Gary Lewer in his criminal groups; he is the sole person in charge.”

Former Aussie Mr Universe Gary Lewer argued the visa cancellation was ‘unreasonable’. Picture: Ellen Smith

Mr Lewer, who moved to Australia as a five-year-old but had never taken out citizenship, argued the visa cancellation was “unreasonable” and criminal allegations against him were based on “little more than suspicion and innuendo”.

Mr Lewer has prior convictions for relatively minor weapon, drug and driving offences including a possessing an unregistered firearm charge that saw him jailed for six months in 1995.

In written reasons, Justice Shaun McElwaine said Mr Lewer argued Mr Dutton’s decision was flawed as “it was neither rational nor reasonable” that he had committed any let alone all of the crimes of which he was suspected of.

But Justice McElwaine found the decision was not based on a crime having been committed but on national interest grounds in which the rules of natural justice did not apply.

“That is a very different decision-making paradigm from an inter partes claim that a person has committed crimes for which they have not been charged and convicted,” he ruled.

“The appeal is dismissed.”

Mr Lewer was held at an immigration detention facility in Maribyrnong last year while he awaited the Federal Court ruling.
He was also ordered to pay legal costs.