A British child sex offender who molested a nine-year-old girl could have his visa status reviewed by the government, the ABC understands, after it was revealed he avoided deportation from Australia due to his ill health.
The man, who is in his 80s, was jailed in 2024 for sexually abusing the girl in the presence of another young child.
His visa was automatically cancelled but was then reinstated last year by the Administrative Review Tribunal (ART), which scrutinises decisions made by government agencies.
The convicted paedophile was also banned from Gymnastics Australia after he went to an event where children were in attendance.
The Home Affairs Minister Tony Burke is ultimately responsible for reviewing visa applications. (ABC News: Matt Roberts)
The ABC understands the Department of Home Affairs is preparing a brief for one of its assistant ministers to consider cancelling the man’s visa again.
Prison sentence
The man, who cannot be legally identified, was sentenced to 14 months in prison in the Perth District Court for aggravated indecent dealing with a child under the age of 13.
At the same trial, the jury acquitted him on charges involving another child.
The ABC understands the Prisoners Review Board of WA decided the man would not be subject to a Post Sentence Supervision Order when he was released from jail last year.
He was moved to immigration detention but was later released after successfully overturning his visa cancellation through the ART.
The man is registered on the Australian National Child Offender Register, according to the WA Attorney General Tony Buti.
Reasons for reinstating visa
The ART found while factors like the protection and expectation of the community weighed in favour of his deportation, the man’s close ties to the country and the impediments he would face due to his age and ill health outweighed them.
The man’s young victim and her family were not notified of his release because at the time, he was in immigration detention and no longer subject to supervision by WA’s Corrective Services authorities.
The ABC can reveal the man man was also seen at a Gymnastics Australia event, which was also attended by young girls and children.
The ABC understands the organisation was unaware at the time that he was a convicted child offender.
He was issued with a ‘notice of prohibition’ after a concerned member of the public contacted the organisation, banning him from the premises and any future events.
The sporting organisation was contacted for comment.
Changes to tribunal guidelines
The case comes after the federal government changed the guidelines for the tribunal in 2024 to place the protection of the Australian community as the highest priority in its decision-making.
Andrew Giles, who was home affairs minister at the time, introduced Direction 110 after it was revealed the previous direction led to the reinstatement of visas for dozens of foreign-born criminals, including violent offenders and rapists.
“It is clear the [tribunal] made a number of decisions independently of government that do not reflect the government’s intent or meet community expectations,” he said at the time.
“Today we take the next step in strengthening our cancellation system.”
Shadow Home Affairs Minister Jonathon Duniam said the new system was not working.
Jonathon Duniam has called for the sex offender to be deported. (Four Corners)
“If we’re seeing people who have committed offences against minors … allowed to stay here because of Direction 110, that direction is not fit for purpose,” he told the ABC.
“So what will the government do to fix this and to prevent this sort of situation from occurring again?”
Mr Duniam has joined calls for Home Affairs Minister Tony Burke to use his powers to deport the British man.
