UK man jailed for sexually abusing nine-year-old step granddaughter has Australian visa reinstated by tribunal

UK man jailed for sexually abusing nine-year-old step granddaughter has Australian visa reinstated by tribunal

An elderly UK man who served a prison sentence for sexually abusing his step granddaughter when she was nine years old has had his Australian visa reinstated by a tribunal because of his “strong ties to Australia”.

The man was sentenced to 14 months prison in the Western Australia district court in February 2024 for molesting the girl in the presence of another child.

His permanent resident visa was automatically revoked under the Migration Act, which requires the immigration minister to cancel a person’s visa due to sexual offences involving a child or a substantial criminal record.

In her impact statement, the victim said she had been ostracised from her family and suffered from anxiety, depression and poor sleep as a result of the assault. She said was unable to complete high school because of its effect.

The offender claims not to remember the incident but accepted the court’s findings and was remorseful.

In September last year, the man, who lives in Perth, successfully appealed against the decision at the Administrative Review Tribunal (ART).

The tribunal’s deputy president, Simone Burford, said her decision was “not an easy one” and the Australian community “would expect the applicant’s visa to remain cancelled”.

“However, there are factors limiting the likelihood of reoffending and the applicant has strong ties to Australia,” she said.

“He is of advanced age and suffers from serious health conditions requiring ongoing treatment and support. He has lived in Australia for decades and has no remaining ties in the United Kingdom.”

The man has lived in Australia since his thirties, and has family, who all reside in Australia and remain in close contact with him.

The visa cancellation was made under Ministerial Direction 110, introduced by the government in 2024 to strengthen Australia’s cancellation system after a spate of cases of visa cancellations of non-citizens who had committed serious offences being overturned by an independent tribunal.

It states that protection of the Australian community is “generally to be given greater weight than other primary considerations”, suggesting the decision-maker retains a discretion to depart from safety as the paramount consideration.

The minister for home affairs, Tony Burke, submitted to the tribunal that the man’s offending was “unacceptable” and he had engaged in “family violence”.

The man was also previously charged and acquitted of separate offences against to the stepson of his stepson, who was under the age of 13.

Burford conceded the man did not pass the character test under Ministerial Direction 110 which was “clear that the expectation of the Australian community … would be that he would not be permitted to remain in Australia”.

She also found there was a “likelihood he will reoffend in a similar manner … lowered by the presence of substantial protective and deterrent factor”.

But she said this was outweighed by the fact he had lived in the community for most of his life and had “close family ties” in Australia.

“Four of his minor step grandchildren in Australia would be affected by the decision and it is in their best interest that the cancellation is revoked,” she found.

“He is elderly and in poor physical health, suffering from multiple serious medical conditions requiring high level of ongoing care and treatment.”

Burke has the power to set aside the ART’s decision and re-cancel the visa under the Migration Act if he deems it in the national interest.

It is understood the department is preparing a brief to allow an assistant minister to consider cancellation of the man’s visa.

In Australia, the crisis support service Lifeline is 13 11 14. In the US, the National Suicide Prevention Lifeline is 1-800-273-8255. In the UK, Samaritans can be contacted on 116 123. Other international suicide helplines can be found at befrienders.org