Convicted rapist Abu Bah allowed to stay after Direction 99

Abu Bah, whose drug-fuelled attack drove his victim into a spiral of self-harm and homelessness, has become the latest sex offender to be spared deportation off the back of Andrew Giles’ direction.

Immigration Minister Andrew Giles. Picture: NCA NewsWire / Martin Ollman

A convicted rapist whose drug-fuelled attack drove his victim into a spiral of self-harm and homelessness has become the latest sex offender to be spared deportation off the back of Andrew Giles’ Direction 99.

Sierra Leone national Abu Bah had his visa reinstated after the Administrative Appeals Tribunal found that his ties to Australia and the interests of his two children outweighed the protection and expectation of the Australian community.

The decision by Administrative Appeals Tribunal senior member Rebecca Bellamy described how Bah – who had arrived in Australia in 2010 when he was 19 – had been convicted in March 2017 of rape and attempted rape.

Bah was under the influence of alcohol, methamphetamine, cocaine and unspecified “pills” at the time of the incident, in which he attacked a woman he knew who was in an unlocked residence.

It was alleged that Bah inserted his finger into her vagina and then tried, but failed, to insert his penis. He also rubbed his sperm onto her skin.

The judge who sentenced Bah over the incident described the offending as “abhorrent”, noting that it had a “devastating” effect on the victim and had pushed her towards more abuse of drugs and alcohol. She had self-harmed in the wake of the rape and became homeless for a period because she alienated herself from her family.

Bah also had multiple drug-related convictions recorded over several years.

But Ms Bellamy decided that the cancellation of Bah’s visa should be revoked.

“He has contributed to the community through employment, and he volunteered his time to help with the clean-up effort after the Brisbane floods. That was a huge effort and the applicant helped quite a bit,” Ms Bellamy found.

She also noted that Bah’s deportation would have consequences for his two children.

His first child, a nine-year-old daughter, lives with her maternal grandmother. His youngest child, a one-year-old girl, was born just a month before Bah went to jail, and also lives with carers.

“Taking the relevant mandatory considerations into account, with the weightings I have allocated, the correct or preferable decision is that the applicant’s visa be returned to him so he can lawfully remain in Australia, in the wider community. Consequently, I exercise the discretion to revoke the cancellation of the applicant’s visa,” Ms Bellamy wrote.

Bah is the latest of several convicted sex offenders to have had their visas reinstated since Mr Giles introduced Direction 99 early last year.