Australia’s Immigration Minister, Andrew Giles, is urgently seeking advice concerning the potential re-cancellation of the visa of a Sudanese man charged with murder.
Giles announced on Thursday that despite the Administrative Appeals Tribunal (AAT) reinstating the man’s visa in March and releasing him from detention, he had requested urgent advice from his department regarding the implications of this decision.
The AAT restored Emmanuel Saki’s visa, citing new regulations that mandate considering an individual’s ties to the community and time spent in Australia in visa cancellation decisions. These rules were introduced by Labor as a precaution against deporting individuals to countries where they lack significant ties, such as New Zealand.
Saki stands accused of the murder of a 22-year-old man in Acacia Ridge, Brisbane, in May, shortly after his release from immigration detention. Although he is not part of the cohort released from detention due to a high court decision on indefinite detention, the opposition has criticized the ministerial directive issued by Giles and argued that he should have intervened when Saki’s visa was reinstated by the AAT.
In response, Giles emphasized that his foremost concern is with the victim’s family and refrained from making any statements that could interfere with the ongoing criminal proceedings. He highlighted the AAT’s decision to overturn the visa cancellation despite directives prioritizing community safety and recognizing the importance of the Australian community.
Saki’s visa was originally cancelled in 2019. Prime Minister Anthony Albanese clarified that the AAT decision was made by an appointee of the Coalition government, not by Labor.
Opposition leader Peter Dutton described the case as tragic and criticized the government for allowing Saki back into the community following the AAT decision. He questioned why Giles did not intervene at the time of the AAT’s decision and blamed the government for watering down the character test in migration laws.
Australia’s Migration Act grants the minister extensive powers to cancel visas, including some decisions that are beyond the scope of merits review.
