REFUGEES and other visa-holders face a tougher character test to stay in Australia after authorities were left struggling to remove a refugee convicted of child sex offences and accused of trying to kidnap a four-year-old girl.
The attempted kidnap charge against the Afghan man was dropped after a magistrate found that the “cultural differences” in his case could be a mitigating factor.
That decision and the fact that Ali Jaffari, 35, was only given a two-year community corrections order for indecent assault involving two boys, aged 12 and 13, means that the government is struggling to deport him.
This is despite the fact that he has also been listed on a sex offenders’ register.
The current character test requires a “substantial criminal record” including at least a 12-month jail term.
Immigration Minister Scott Morrison last night vowed to toughen up visa cancellation powers amid concerns the current law failed to protect the community enough.
Mr Jaffari was awarded a permanent protection visa in early 2012 by the Gillard government upon arriving by boat.
He was convicted last August of charges of indecently assaulting and attempted indecent assault of children under the age of 16 relating to the incident involving the two boys at a
Geelong beach. Witnesses to the November 2012 incident claimed Jaffari started grabbing and rubbing himself against them, cuddling and kissing them on the neck and telling one of the boys that he was “sexy”.
One of the victims said Jaffari followed them to the showers, cornered them and asked if he “wanted company”.
Despite police prosecutors demanding he be sent to jail for the offences, Jaffari was placed on a two-year community corrections order with 300 hours unpaid community work.
He was also listed on a sex offenders’ register.
In February, Jaffari had a child-stealing charge dropped against him in the Geelong Magistrates Court after the magistrate said if he was hearing the matter, he would have reasonable doubt about his guilt, citing “cultural differences” as one mitigating factor.
The case related to the alleged attempt by Jaffari last year to lead a four-year-old girl away from a sports oval while her father and brother played cricket.
Given the problems in cancelling Jaffari’s visa due to a lack of a custodial sentence, the government is instead examining whether it could be cancelled under a provision relating to him representing a danger to the community.
Mr Morrison said the task of cancelling his visa had been made more difficult because Jaffari had not received a custodial sentence and him being on a permanent protection visa rather than a temporary one.
“Granting of a permanent visa reduces the flexibility and opportunity to deal with these types of matters and the government is now considering the case under the character provisions of the Act,” he said.
“I am taking a close look at the character provisions under the Act and whether they afford the government the sort of authorities that are needed to provide the protections to the Australian community that they would rightly expect to exist under their laws.”
http://www.dailytelegraph.com.au/news/national/tougher-character-tests-for-asylu...
Forum
Pages: 1 
