There is an absurdity to the fact a Sudanese serial criminal falsely claimed to be an Indigenous Australian man to convince a tribunal to cancel his deportation.
But what is more absurd?
The fact that the man, who can legally only be identified as RCWV, can commit violent and disturbing crimes for several years, or that the foolish and clearly beguiled Administrative Appeals Tribunal “senior member” Dr Michelle Evans-Bonner blocked his deportation?
This despicable and violent woman basher was not just saved by his ties to an Indigenous community, but Dr Evans-Bonner was also worried about the poor chap’s mental health.
There are aspects of this case which make this writer sympathise with the plight of Labor’s Immigration Minister Andrew Giles.
True, he has failed, numerous times, but even if his poorly worded “Direction 99” was better equipped to guide the Tribunal, what difference would it make in the end?
Let’s discuss facts Dr Evans-Bonner had access to when which she decided RCWV should remain in Australia.
The full rap sheet of RCWV involves domestic violence, stalking, intimidation, and in one case he threatened to rape, in his own words, a man’s “woman” over a barbecue dispute.
“The Applicant saw an acquaintance cutting up some meat and asked for some,” legal documents state.
“The victim refused. The Applicant rode his bike away, before returning and threatening to kill everyone on the street and to kill the victim and ‘rape (his) woman’.
“The victim confronted the Applicant and told him to go away. The Applicant took a swing at the victim. Another victim intervened and asked the Applicant to leave.
“The Applicant rode away again, returning shortly after to the other victim’s front lawn. He picked up his bike, threw it to the ground, then took out a 20cm knife from his pants and threatened to kill the other victim who locked himself in his house until police arrived.”
Charming.
He also bashed partners numerous times, and disturbingly in one case shouted he wanted to “get (her) eyes”.
In 2017, disgruntled after a break up, he drunkenly visited his ex-partner’s home and tried to break in after she locked the door.
He found a chair and threw it against his ex-partner’s mother’s car, and two windows.
His rampage caused himself injuries and his ex was splattered with his blood.
“He hit the screen door with his hands, causing some of his blood to land on his ex-partner,” the court documents state.
In June, 2020, he threatened to cut a man’s throat in a verbal dispute.
And he was also incredibly manipulative to the women he dated.
Just two months after the throat-cutting threat he stood on the back step of a partner’s home and doused himself with petrol.
A clear threat to set himself alight.
Court documents show the petrol had seeped into the laundry, so if he carried through with that threat the entire building could have gone up in flames.
Over the course of 8 years, starting at 2012, he was convicted of dozens of serious offences, including “occasioning grievous bodily harm” while driving.
He also drank while he drove frequently and was convicted of causing grievous bodily harm while “under the influence”.
Any reasonable and sane person would conclude that this man, who is not a citizen, and certainly not Indigenous, should be booted from the country.
Dr Evans-Bonner herself even acknowledges, as is plain to all, that he will likely commit more crimes.
“This past behaviour suggests a likelihood of reoffending,” she stated.
In Labor’s defence, Minister Andrew Giles has tried to get this man deported, but he was blocked by the AAT, specifically Dr Evans-Bonner.
Her decision-making process is nothing short of ludicrous and falls significantly short of what our society expects these institutions do to keep women safe.
Dr Evans-Bonner did not accept the evidence that RCWV was Indigenous, as there is clearly no biological descendance, but the argument still played in his favor.
“He nevertheless tried to argue that he could still establish that he is an Australian Aboriginal (and therefore that he does not fall within the aliens power in s 51(xix) of the Constitution and therefore cannot be deported) despite not establishing that first limb,” she stated.
“I am not persuaded by that submission.
“However, the Applicant has an indigenous partner, two indigenous children, has been accepted by A’s family as being part of the BL family tribe, and identifies as being indigenous.
“I find that this is indicative of his having very strong ties to Australia.”
And it wasn’t just his supposed ties to an Indigenous community which saved him.
She was also worried the violent domestic violence abuser would have poor mental health back in Sudan.
“Overall, I find that the primary considerations of the best interests of the Applicant’s two minor indigenous sons, the strength, nature and duration of the Applicant’s ties to Australia including his indigenous partner, connections to the indigenous community, and the significant impediments that the Applicant is likely to face if returned to Sudan (particularly due to his mental health conditions), which all weighed strongly in favour of revocation of the Cancellation Decision, were determinative in this application,” Dr Evans-Bonner stated.
What about the mental health of RCWV’s victims?
There is no argument better for reform at the AAT than reading this decision in full, which I encourage everyone to do.
But Minister Giles is certainly not innocent in this mess.
The AAT is relying on Giles’ order to give foreign-born criminals more leniency if they have ties to Australia, such as, being a member of an Indigenous tribe.
RCWV’s case is not in a silo.
The Australian revealed today that a rapist who attacked 25 women and a young child, kept his Visa due to the order.
The political career of Giles should end immediately but instead, because the Prime Minister has failed to act, the Albanese Government’s first term legacy will be one of protecting the most vile predators who prey on women.