Criminal Sudanese migrant's visa reinstated after he identifies as Aboriginal

A criminal migrant from Sudan, self-identifying as an Aboriginal man, will be permitted to stay in Australia following a ruling by the Administrative Appeals Tribunal.

Criminal Sudanese migrant's visa reinstated after he identifies as Aboriginal
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A Sudanese migrant who self-identifies as an Aboriginal man has successfully appealed the cancellation of his visa, allowing him to remain in Australia despite a series of criminal convictions.

The man, known as 'RCWV,' arrived in Australia on a protection visa after spending the first 20 years of his life in Africa.

However, his visa was revoked due to convictions for knife crime, car theft, and serious driving offences that left one victim with life-threatening injuries.

He was also found guilty of breaching apprehended violence orders, stalking, and attacking an Aboriginal woman. Despite these convictions, RCWV's visa was reinstated under Direction 99, an edict issued by Immigration Minister Andrew Giles in January 2023.

This direction instructs the tribunal to consider whether a non-citizen who commits a crime has spent their formative years in Australia.

In his submission to the tribunal, RCWV argued that he had become a cherished member of his local community during his 15 years in Australia.

He also claimed to be in a 10-year partnership with an Aboriginal woman, the same woman he was found guilty of attacking, and that they had three children together.

"I self-identify as an Aboriginal person and consider Australia to be my country," he wrote.

The AAT ultimately ruled in his favour, allowing him to remain in Australia. This decision comes amid a series of similar cases, including that of a New Zealand man who raped his 14-year-old stepdaughter while her mother gave birth to her sibling in hospital.

Despite his heinous crimes, his visa was also reinstated under Direction 99. The ruling has sparked controversy, particularly as it follows the case of Emmanuel Saki, who was charged with murder just weeks after being released from immigration detention.

Saki, who arrived in Australia as a child, had his visa cancellation reversed due to his 'considerable' ties to Australia. Direction 99, issued by Mr Giles in January 2023, has led to 35 offenders having their AAT findings overturned and being allowed to remain in Australia.

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  • By Avi Yemini

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