Brit jailed for ‘grooming’ cop pretending to be a teen wins appeal to stay in Australia

A British man who was jailed for grooming a teenager for sex has avoided deportation after winning an appeal against the cancellation of his Australian visa.

A British national convicted of grooming a teenager online has won an appeal to remain in Australia,

Exclusive: A jailed British man facing deportation after his visa was cancelled following his conviction of using a carriage service to groom a teenager for sex has won his appeal to stay here.

The Department of Home Affairs last year cancelled the visa of the NSW resident for failing to pass the character test as a result of his criminal offending, which included sending messages on Facebook to a person he believed was under 16 years of age.

The Administrative Review Tribunal of Australia (ARTA) heard the person was actually a police officer who had sent the man a “friend request”, with the pair allegedly exchanging messages over a month.

According to the ARTA judgment, the man told the “victim” she would look “hot nude” and asked for nude or sexualised photographs, “stating that he would kiss her” and in later messages “referred to sexual contact”.

In November 2023, the man was convicted of using a carriage service to groom a person under 16 years for sex and sentenced to two and half years.

In arguing for the cancellation of the visa, the department argued the incident was not isolated as there had also been an alleged sexual assault recorded in 2020 where the man and his victim had engaged in sexual activity.

The Tribunal heard police notes had stated that the “unwillingness of the victim” to make a formal statement “and the different versions provided to police” meant no further action was taken.

The man – who was never charged or convicted – denied any sexual assault and suggested that the alleged victim made up the allegations.

The department also raised an incident from 2015 where the man was accused of sending a 14 year old victim an image of a penis.

The Tribunal heard no formal action was taken as the man claimed the image was sent in error while the victim did not make a formal statement.

In oral evidence, the man denied the allegations outright, declaring he knew “nothing about it” and had never messaged the person.

Immigration Minister Tony Burke is to receive a brief on the ruling. Picture Thomas Lisson

Other convictions included possess prohibited drug, for which he received a 12 month community corrections order and possess or use a prohibited weapon without a permit, which resulted in a six month community corrections order, and several fines for drug and prohibited weapon possession and driving offences.

The Tribunal acknowledged the man had engaged in “serious conduct which involved an offence of a sexual nature against a minor”, and some of his earlier conduct “such as the drug offending and the driving offences, had the potential of causing serious harm to the community”.

It also was of the view that he lacked meaningful insight into his conduct and there remained a risk “albeit not a high risk” that he would reoffend.

However, it noted the man’s strong ties to Australia after having arrived here in the 1960s and that he had no family or social supports in the United Kingdom.

It also heard the man had been caring for his elderly mother who had dementia prior his imprisonment “and will resume that role, if released into the community”.

In overturning the visa cancellation, the Tribunal declared it had given the “greatest weight” to the extent of impediment if the man was removed and the “strength, nature and duration” of the man’s ties to Australia.

“In the particular circumstances of this case, the Tribunal has decided that these considerations outweigh other considerations,” it said.

A spokesman for Immigration Minister Tony Burke said the minister would consider the ruling.

“A brief is now being prepared for ministerial consideration,” he said.

Originally published as Brit jailed for ‘grooming’ cop pretending to be a teen wins appeal to stay in Australia