Child rapist who sexually assaulted his stepdaughter is allowed to stay in Australia

Man sexually assaulted his 14-year-old stepdaughter Orders from Immigration Minister allow him to stay  READ MORE: Under-fire immigration minister in new row over freed detainee

A man who raped his 14-year-old stepdaughter while her mother gave birth to her sibling in hospital will be allowed to stay in Australia under new orders.

The 37-year-old New Zealand man, known as CHCY, was found guilty in 2022 of nine counts of 'indecent treatment' including rape against the teenager.

On two occasions after he had raped his stepdaughter, the man went into her room, climbed into her bed and rubbed her body.

At his sentencing, the judge told CHCY that he would lose his Australian visa and that he 'may well be deported', Sky News reports.

Acting on orders Immigration Minister Andrew Giles issued in January 2023, the Australian Appeals Tribunal (AAT) reversed a March decision to cancel CHCY's visa.

Mr Giles' direction compels decision-makers to take into consideration whether a non-citizen who commits a crime has spent their formative years in Australia.

A man who sexually assaulted his 14-year-old stepdaughter will be allowed to stay in Australia under orders from Immigration Minister Andrew Giles (pictured)

A man who sexually assaulted his 14-year-old stepdaughter will be allowed to stay in Australia under orders from Immigration Minister Andrew Giles (pictured)

Given the offender had first moved to Australia when he was 17-years-old, AAT ruled the New Zealand man had spent his formative years overseas.

'The Tribunal finds CHCY has lived for the majority of his life in Australia working full time, making a contribution to the taxation system, the community and his family,' AAT said in its findings.

'The Tribunal places weight on this consideration noting the Direction (99) clearly articulates tolerance should be given to non-citizens in CHCY's circumstances.'

Direction 99, issued by Mr Giles in January 2023, asks that the AAT to make 'ties to Australia' a primary concern during visa determinations.

Since then, 35 offenders - including CHCY - have had their AAT findings overturned and have been allowed to remain in Australia.

It prompted shadow immigration minister Dan Tehan to call on Mr Giles to explain to the Australian public why he refused to rescind Direction 99.

'To rape a stepdaughter while your partner is giving birth in hospital – what is shows is that ministerial direction (99) is clearly failing,' Mr Tehan said.

'I don't think that you could get a worse example that that ministerial direction is clearly failing and that is why it needs to be rescinded.

'And it's why Andrew Giles needs to come out today and explain why he won't rescind it.'

A 29-year-old man who walked free from immigration detention following a successful appeal to AAT allegedly committed murder just weeks later (pictured, Villawood Detention Centre)

A 29-year-old man who walked free from immigration detention following a successful appeal to AAT allegedly committed murder just weeks later (pictured, Villawood Detention Centre)

It comes after a man who walked free from immigration detention following a successful appeal to AAT allegedly murdered a man just weeks later.

Emmanuel Saki, 29, who arrived from Sudan with his family aged 12, was charged with murder after the stabbing death of Bosco Minyurano, 22, on May 12.

Read More

Under-fire immigration minister Andrew Giles in new row over his role in freed detainee - who allegedly murdered a man just weeks after he was released

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Given Saki arrived in Australia as a child, the tribunal determined he had 'considerable' ties to Australia and reversed the cancellation of his visa.

'The Minister accepted… that considerable weight should be given to the fact that the Applicant has been ordinarily resident in Australia during and since his formative years and accepted that this primary consideration weighs in the Applicant's favour,' AAT deputy president Stephen Boyle wrote.

'I agree that that is the case.'

Police will allege in court that Saki stabbed Mr Minyurano in a park on Mortimer Rd at Acacia Ridge, in Brisbane's south shortly after midnight on Mother's Day.

Saki's visa was initially cancelled after he failed the character test, prompted by several violent attacks which resulted in jail time in 2017 and 2018.

He had been convicted of choking a person unconscious, assault occasionally actual bodily harm and assault.

Mr Giles is openly sympathetic to the plight of refugees, having acted as a solicitor representing 433 asylum seekers trying to get to Australian territory aboard the Norwegian freighter MV Tampa In 2001.

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