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Paedophile refugee who raped a 10-year-old boy can stay in Australia after landmark High Court ruling against indefinite detention - as advocates celebrate 'important' victory

https://www.dailymail.co.uk/news/article-12727823/Refugee-raped-boy-Australia-High-Court-ruling.html
Excerpt: A refugee who raped a 10-year-old boy will be immediately let out into the community after the High Court decided his indefinite immigration detention is unlawful.

The landmark ruling delivered on Wednesday would force the release of 92 other non-citizens being held in detention who cannot be deported to their home countries.

The court found in favour of a Rohingya paedophile - known only in proceedings as NZYQ - who has been in detention since serving a prison sentence for child sexual abuse.

The Rohingya people are a stateless Islamic people who reside in western Myanmar near the border with Bangladesh, where they are persecuted.

Because the Rohingya are not citizens of Myanmar - who consider them Bengalis and not a distinct ethnic group - NZYQ cannot be deported there.

NZYQ arrived in Australia by boat in 2012 and had his bridging visa cancelled in 2015 when he pleaded guilty to having sexual intercourse with a 10-year-old child.

He was transferred to an immigration detention centre in May 2018 after serving a minimum sentence of three years and four months and being denied a 'safe haven enterprise' visa.

Until the High Court ruling, NZYQ faced the prospect of remaining in immigration detention for the rest of his life.

He will now be released into the community and the Commonwealth will pay his legal costs.

The decision overturns a 2004 ruling which allowed the indefinite detention of non-citizens without a visa even if they could not be deported.

'The Department [of Home Affairs] has never removed a person who has been convicted of an offence involving sexual offending against a child to a country other than a country which recognises the person as a citizen.'



Best Comment:
Set us free, Sydney, Australia
Interesting facts: This person served a minimum sentence of 3 years and 4 months after pleading guilty to having sex with a ten year old, presumably in immigration detention. Unbelievably light sentence. He arrived by boat in 2012 (Labor Govt) having no documents. Yet, he says he is Royghinga. Where is the evidence for this? His word? This is not explained. This is why the strong policies on illegal arrivals were in place. This boat should've been turned around and sent back to it's last port. Same with people who come by plane. Send them straight back on the next flight out before they leave the airport.