Child-sex accused’s deport bid revoked

A Liberal Party-connected barrister sitting on the AAT has overturned an Immigration Department ­decision to deport a former Buddhist monk who allegedly sexually abused his stepdaughter.

Immigration Minister Alex Hawke. Picture: Toby Zerna

A Liberal Party-connected barrister sitting on the Administrative Appeals Tribunal has overturned an Immigration Department ­decision to deport a former Buddhist monk who allegedly sexually abused his stepdaughter.

Robert Cameron, the chairman of the Victorian Liberal Party’s Kew electorate conference, found there was “minimal or remote risk” the man, known as SNTC, would commit future crimes while he awaited trial ­because he was prohibited from approaching his stepdaughter or his family home.

Mr Cameron said he accepted reassurances from SNTC that “he would not do anything like this again, having now been made well aware of law in Australia”.

Victoria Police arrested SNTC in August 2020 and charged him with four counts of sexual penetration and sexual assault of a child under 16 after he allegedly abused his stepdaughter.

Mr Cameron, who is a close political ally of outgoing Kew MP Tim Smith, said SNTC was unlikely to be a risk to the community because he had been granted bail by an “experienced” County Court judge – an order agreed to by the prosecutor.

The man admitted to “accidentally touching” his stepdaughter “because I cared for her and treated her as my own child”.

“I admit I was so naive and did not know the Australian law that having done something like this could lead to child sexual abuse,” he said in an August 2020 statement to investigators.

When asked whether he would repeat the behaviour with others, SNTC said he would if the child was under 10 years old; any older and they would be illegal, he claimed.

In October, Immigration officials refused SNTC’s application for a temporary bridging visa to stay in Australia until his partner’s visa application was ­decided. Lawyers acting for the department said SNTC failed the character test, despite the crim­inal charges remaining unproven because his explanation to the tribunal was “far-fetched” and “lack(ed) credibility”.

Mr Cameron found that while SNTC gave “slightly varying” versions of events, he consistently said his actions were without “criminal intent”. SNTC was entitled to the “presumption of innocence” and had no prior criminal history, he said.

SNTC had suffered “considerable distress” because he had not seen his son since August 2020 and experienced stress because of his uncertain immigration status.

Mr Cameron, a Victorian barrister, found SNTC’s experience in prison had a “salutary effect” on him and reduced the risk of ­future criminal behaviour.

SNTC’s plan to return to work as an asbestos remover and pay down the mortgage on his matrimonial home also meant he was not likely to commit further crimes, he said.

The former monk, a 42-year-old Cambodian citizen, arrived in Australia in February 2013 where he worked at the Dhamaram Buddhist Temple for three years and held two temporary work visas. SNTC started a relationship with an Australian citizen who had a 10-year-old daughter in 2016, marrying her in March 2017.

Mr Cameron did not respond to a request for comment, while the AAT declined to comment.

While Mr Cameron said sexual crimes against children were of the “utmost seriousness and of concern to the community”, he found SNTC’s future risk of ­offending was not only based on the allegations against him.

“There is no doubt that if the matter proceeds to a jury trial and the applicant is convicted, there will be immigration ramifi­cations,” he added.