Judge frees violent Apex gang member from immigration detention
He’s a feared member of a street gang with a list of crimes including sexual assault, car theft and attacking emergency service workers. Now a judge has set him loose from immigration detention and back onto Melbourne’s streets
Police & Courts
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A feared member of a notorious street gang who has been convicted of a litany of serious crimes including sexual assault, car theft and assaulting emergency service workers has been freed from immigration detention.
The Sudanese refugee, 25, is a known member of the Apex gang, according to a dossier authorities have on him.
He is now free to walk the streets after the Federal Court ordered his refugee status be restored last month.
The Herald Sun understands the federal government has deported more than 40 Apex members and associates since the gang first came to the attention of police 4½ years ago. The gang rampaged through Melbourne at Moomba 2016 and attempted to pick fights with festival-goers in Federation Square.
In the years since police have used a range of powers and tactics to try to control youth gangs in Victoria.
The Apex member, who was born in Sudan and arrived in Australia at the age of 12, won his federal court case on September 24. He had been in immigration detention since August 2018, following his release from custody.
The Herald Sun understands police have serious concerns about his release.
In August 2016 he was sentenced to six months for robbery offences in Melbourne.
He was soon in trouble with the law after his release and on December 8, 2017, he was sentenced to nine months in prison for theft and sexual assault.
His visa was then cancelled by the federal government on character grounds.
But Justice John Griffiths has ruled the decision to strip the man of his visa was impaired “by jurisdictional error”.
“The quashing of the visa cancellation decision means that the applicant’s refugee visa is automatically restored,” Justice Griffiths said. “Accordingly, he is no longer an unlawful non-citizen and cannot lawfully be kept in immigration detention.
“He must be released immediately from immigration detention.” It is understood the federal government is now considering its next course of action in the case.
In August the Herald Sun revealed overseas-born criminals were being targeted in a deportation blitz.
Speaking about the crackdown in August, Home Affairs Minister Peter Dutton said: “There is no room in Australia for these non-citizens who engage in serious criminal activity.
“My job is to keep Australians safe and I will continue doing everything I can within the law to do exactly that.”
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