Frank wrote on Nov 24
th, 2024 at 1:42pm:
Labor’s bid to neutralise the crisis over its bungling of foreign criminals being released from detention faces collapse, after the
Federal Court ruled against an order from dumped former minister Andrew Giles and freed a man who attacked his wife with a meat cleaver.In the latest blow to the Albanese government’s immigration detention regime, the Federal Court has ruled in favour of a Bhutan-born domestic violence offender who argued that Mr Giles’s decision to personally intervene to strip him of his visa was unreasonable.
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The Bhutanese man, who belongs to the persecuted Lhotshampa minority and was identified only as PLQF, challenged the lawfulness of the minister’s exercise of power after his visa was cancelled in June, resulting in him being returned to immigration detention.
The man, who spent much of his childhood in a refugee camp in Nepal, was released into the community in August on a bridging visa after his lawyers told Mr Burke that PLQF must be released under a landmark 2023 High Court ruling that indefinite detention was unlawful.
Federal Court judge Nye Perram ruled last month that Mr Giles had made multiple “jurisdictional errors” by reversing an Administrative Appeals Tribunal decision that PLQF could remain in Australia, because he had failed to consider the impact of the cancellation on his children and his status as a stateless person.
The decision said the man was a “member of the NZYQ cohort”, meaning he was captured by the November 2023 decision that non-citizens who could not be returned to their home country but were not eligible for a visa could not be indefinitely detained.
PLQF, who has been diagnosed with schizophrenia, PTSD and alcohol-use disorder, was originally stripped of his protection visa after he was convicted of a string of offences against his wife, including breaching a domestic violence order, assault and property damage after he attacked her with a meat cleaver and damaged her vehicle. In one incident he threatened to kill his wife, who sought refuge with some neighbours, one of whom he struck five or six times with the cleaver.
Justice Perram also found Mr Giles had made an error in stating the applicant could apply for a special visa created to place monitoring conditions on the NZYQ detainees – a Bridging Visa R – because it could only be issued following an invitation by the minister. “The minister’s decision of 15 June 2024 must be quashed,” said the December 18 decision.
“Whether the minister seeks to exercise the cancellation power again will be for him to decide. The minister must bear the applicant’s costs as taxed, assessed or otherwise agreed.”
https://www.theaustralian.com.au/nation/politics/freed-immigration-detainees-bac...They are not sending their best. Still, diversity is our strength, no??
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