Refugee’s appeal upheld
AN Afghan refugee has successfully challenged the cancellation of his protection visa after indecently assaulting two young girls in Geelong on Australia Day 2015.
The man, who was captured and tortured by the Taliban in 2009 before fleeing to Australia, was found guilty of two charges of an indecent act with a child under 16 in 2015 for groping two young girls after consuming most of a bottle of “Jim Beam or something”.
The protection visa of the 44-year-old refugee, referred to as QJMV, was cancelled on character grounds on February 17, 2020, and he was taken to immigration detention.
He then appealed the cancellation.
Administrative Appeals Tribunal of Australia (AATA) senior member Andrew Nikolic overturned the visa cancellation on May 7.
“While QJMV’s offending is objectively serious, he was previously law-abiding and, with the exception of two inadvertent breaches of his SORA (Sex Offenders Registration Act) obligations, has been lawabiding since,” Mr Nikolic said.
“QJMV pleaded guilty at the earliest opportunity, is genuinely remorseful, and has made a positive contribution to the community in the last five years.
“QJMV demonstrates a persuasive commitment to never repeat his conduct on January 26, 2015.
“He is financially independent, has stable accommodation, and employment in his trade waiting for him upon release.
“The evidence supports a reliable conclusion that QJMV does not constitute an unacceptable risk of recidivism.”
AATA documents show QJMV arrived in Australia about 10 years ago as an “irregular maritime arrival”, and was granted a protection visa due to the dangers posed to him by the Taliban in Kabul.
In Australia, he was placed in immigration detention for nine months before being released into the community, later settling in Melbourne.
“When asked about his offending on Australia Day 2015, QJMV said he travelled to Geelong with a friend. While in a state of drunkenness, he agreed that he touched two young girls on the breast as they passed by. This was on their outer clothing,” AATA documents noted.
QJMV was found guilty of two charges of indecent act with child under 16, and given an 18-month community corrections order.
In delivering his findings Mr Nikolic noted QJMV expressed remorse for his conduct, stating “I have three daughters … I feel shameful … I feel sorry’.”