A convicted criminal migrant who self-identifies as an Aboriginal has had his visa cancellation reversed consequent to Direction 99.
The Sudanese international, known as RCWV and born in Khartoum, where he spent the first 20 years of his life, moved to Australia on a protection visa.
His visa was revoked after committing multiple knife crimes, car jackings and drug related offences, as well as other serious driving offences.
On one occasion in 2014, RCWV caused an accident which resulted in the victim sustaining life-threatening injuries.
RCWV was also found guilty of breaching his AVO and violently attacking his Aboriginal girlfriend, identified as A, as reported by The Australian.
Under Direction 99, RCWV convinced the Australian Administrative Tribunal his 10-year relationship with A, with which he fathered three children, was grounds on which he could remain in Australia.
“I self-identify as an Aboriginal person and consider Australia to be my country,” he said in a written submission to the Tribunal.
“I have been accepted by the Indigenous people of this country through its customs and tradition in a smoking ceremony.
“I also learnt a lot about Aboriginal culture, was taught how to paint Aboriginal art and have also played digeridoo (sic) in the past.”
Earlier this month, the AAT reversed a decision to cancel RCWV’s visa and his prospect of deportation, citing Direction 99 introduced by Immigration Minister Andrew Giles in January 2023.
Direction 99 instructs the AAT to make “ties to Australia” a primary consideration during visa determinations.
The AAT said the direction clearly articulated that tolerance should be afforded to non-citizens in CHCY’s circumstances.
Under Direction 99, Australia would “generally afford a higher level of tolerance” of criminal or other serious conduct by non-citizens if they have lived in the country for “most of their life”.
In Question Time on Tuesday, Mr Giles was hit with multiple questions from the opposition on the edict, which has permitted scores of criminal migrants to remain in the country.
“Direction 99 did not and does not decrease the importance placed on expectation, such as the expectation of the Australian community and the protection of the community from crime,” Mr Giles said.
“Community safety remains the highest priority of this government, and I say again, these were decisions made by an independent tribunal.”
Regarding visa cancellations, Mr Giles responded to Coalition Leader Peter Dutton on a separate case, involving the alleged murder of Bosco Minyurano by a Sudanese migrant, also born in Khartoum, in which he said a number of cases had not been raised with him by his department.
“The visa in question was cancelled and remained cancelled by my department in accordance with ministerial direction 99,” Mr Giles said.
“A number of cases were not raised with me by my department, and I’ve asked my department for an explanation why.
“My department is now looking at all these cases as a priority, and they are all under cancellation consideration.”