Immigration Minister Andrew Giles again under fire after child molester allowed to stay in Australia despite conviction

In January 2023, Mr Giles issued Directive 99, instructing the Australian Appeals Tribunal (AAT) to give priority to “ties with Australia” when deciding on visa grants.

Since then, more than 35 offenders, including a child molester, have had their AAT decisions overturned and have been allowed to remain in Australia on AAT directions.

A New Zealand man known as CHCY was found guilty of nine counts of “indecent treatment” in 2022, including the rape of his 14-year-old stepdaughter.

Twice after the rape, the man went to his stepdaughter’s room, got into her bed and rubbed her body.

The 37-year-old man committed the crimes while his wife was giving birth to his youngest child in the hospital.

In handing down the verdict, the judge told the CHYC that he would lose his visa, adding that he “might be deported.”

However, under Directive 99, the AAT concluded that the man had spent his “formative years” in Australia after moving from New Zealand at the age of 17 and revoked the cancellation of his visa in March.

“The Court concludes that CHCY has spent the majority of his life in Australia, working full-time and contributing to the tax system, the community and his family,” the AAT found.

“The Court attaches importance to this consideration and notes that Instruction (99) clearly states that non-citizens in CHCY’s situation should be shown tolerance.”

Under Mr Giles’ leadership, “Australia will generally demonstrate a higher level of tolerance for criminal or other serious acts committed by non-citizens who have spent the majority of their lives in the Australian community.”

Shadow Immigration Minister Dan Tehan called on Mr Giles to withdraw Directive 99 at a press conference on Monday.

“To rape a stepdaughter while your partner is giving birth in hospital – that shows that the Department’s direction (99) is clearly failing,” Mr Tehan said.

“I don’t think there could be a worse example of how this ministry directive has obviously failed and must therefore be withdrawn.

“And that’s why Andrew Giles has to come forward today and explain why he won’t take it back.”

A spokesman for the Immigration Minister told SkyNews.com.au: “The Ministerial Policy places a strong emphasis on serious crime and domestic violence – these must be considered in all cases.”

SkyNews.com.au contacted the Immigration Minister’s office, but it did not immediately respond seeking comment.

Similar outcomes have occurred for other immigration detainees who were convicted of dozens of serious crimes and released because of their “significant” ties to Australia.

The Immigration Minister was asked by the media about one such case on Sunday and said his department had asked the AAT to cancel the visa, citing public safety.

The court nevertheless decided to reinstate the prisoner’s visa because it had to comply with Directive 99.

Mr Giles said: “It is always important to take those circumstances into account, to consider the procedural issues and, of course, to carefully consider the decision.”

Peter Dutton accused Mr Giles of either not understanding his own instructions or being dishonest.

“There is no point in blaming the AAT,” Mr Dutton said on Sunday

“They placed great emphasis on the length of time the criminal had spent in Australia, regardless of the severity of his crimes – just as Minister Giles had ordered.

“Minister Giles is either incompetent and does not understand what his leadership is doing, or he is dishonest and is deliberately misleading the Australian public.”