Afghan refugee who bashed elderly women in their homes is freed after landmark High Court decision | #childpredator | #kidsaftey | #childsaftey

By Stephen Gibbs for Daily Mail Australia

04:19 14 Nov 2023, updated 04:19 14 Nov 2023

A sexual predator with a history of attacking elderly women is among a wave of refugees to be released from immigration detention after a High Court decision. 

Aliyawar Yawari has been described by a judge as a ‘danger to the Australian community’ and has served jail time for assaulting three women including one he hit with her walking stick.

The 65-year-old, who is now staying at a Perth motel, arrived in Australia in 2010 after fleeing Afghanistan where his father and brother were killed by the Taliban. 

He found work at a meatworks at Bordertown in South Australia but was jailed after attacking three women between October 2013 and December 2014. 

A sexual predator with a history of attacking elderly women is among a wave of refugees to be released from immigration detention after a High Court decision. Aliyawar Yawari (above) has served jail sentences for assaulting three women
Since his release from Western Australia’s Yongah Hill detention centre (pictured) Yawari has been staying at a Perth motel

Having spent years behind bars, Yawari was transferred to an immigration detention centre from where he would have expected to be deported. 

But a High Court decision handed down last Wednesday has led to Yawari’s release along with dozens of other foreign-born criminals whose visas had been cancelled.

The court’s landmark ruling found that indefinite immigration detention was unlawful, overriding a legal precedent which had stood for 20 years.

It affected at least 93 refugees in held long-term detention. 

Immigration Minister Andrew Giles has confirmed that 80 of those affected refugees have already been released into the community.

Among those freed was Sirul Azahr Umar, 51, who was sentenced to death in Malaysia for the 2006 murder of Altantuya Shaariibuu, the pregnant girlfriend of a political operative. 

Umar, who had been a bodyguard for the Malaysian prime minister, was let out of Villawood detention centre in Sydney on Saturday and is understood to be staying with a relative in Canberra.

Another released refugee had been jailed for raping a 10-year-old boy after telling a judge what he did was ‘culturally acceptable’ in his homeland.

The paedophile, a Rohingya man from Myanmar known only as NZYQ by court order, was the subject of the High Court case which led to last Wednesday’s landmark ruling. 

Since his release from Western Australia’s Yongah Hill detention centre, Yawari has been staying at a motel on Perth’s eastern outskirts with other beneficiaries of the High Court decision.

Asked on Monday how he felt about being allowed to leave detention, Yawari said: ‘Yeah good.’

A paedophile, known as NZYQ, was transferred to Villawood detention centre after serving a minimum sentence of three years and four months and being denied a visa. He has now been released

Yawari told reporters he had been jailed for ‘fighting’ and he hoped to find work in Australia. His wife and seven adult children are living in Pakistan and were ‘very happy’ he had been freed, Yawari told The Australian. 

However, Yawari’s crimes are far more significant than ‘fighting’.

In October 2013, he punched a woman repeatedly in the face before having sex with her. He was convicted of assault but acquitted of rape.

Yawari’s next crime was to enter the home of an elderly woman, smashing windows and doors, for which he received a suspended prison sentence.

Two months after that he indecently assaulted a 64-year-old woman in her home then hit her in the neck with her walking stick. 

Sentencing Yawari in the District Court of South Australia in September 2016, Judge Paul Cuthbertson said the then 58-year-old was an ongoing risk to women.

Sirul Azahr Umar (pictured), who committed a horrific murder in his home country of Malaysia is now walking free in Australia after a High Court ruling against indefinite detention

‘This is now the third offence involving a lone elderly woman with sexual overtones to it,’ Judge Cuthbertson said.

‘The offender is making himself a danger to the Australian community.’

Judge Cuthbertson revoked Yawari’s suspended sentence and jailed him for three years and 11 months with a minimum term of two years and eight months.

Upon completion of his sentence, Yawari was transferred to immigration detention where he had been held until the High Court decision. 

Western Australian premier Roger Cook told local talkback radio that 32 refugees were released from the Yongah Hill and Perth detention centres over the weekend.

Four of those asylum seekers now on Perth’s streets had a ‘history of significant family violence offending’, he said. 

All the freed unlawful non-citizens were taken to a motel in Thornlie, The West Australian newspaper reported. 

‘We understand that the majority of those people will be heading back to the eastern states from where they’ve come,’ Mr Cook said. 

‘And they will be closely monitored by police during that process.’

An Iranian man who is detention after stabbing a friend has shared disturbing videos of his mates gloating about being released following the High Court decision.

Reza Husseini, 33, is among detainees being held at Yongah Hill, from where Yawari was released. 

Husseini has been locked up at the centre since 2021 after completing a five-year sentence for stabbing his friend at a western Sydney cafe in 2016.

Mr Giles and Home Affairs Minister Clare O’Neil issued a joint statement saying the government ‘has taken immediate action to ensure community safety is protected’.

‘The implication of this decision is that the Commonwealth must immediately release affected individuals from immigration detention,’ they said. 

‘To be abundantly clear, the Commonwealth argued against the release of these people. We release them only because the law requires us to do so.’

Detainees who had been released were subject to conditions including regular reporting to authorities, restrictions on employment and monitoring of their social media use.  

READ MORE: Locked-up gym junkie who stabbed his mate shares disturbing videos as his friends are released from detention after High Court ruling

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