A Melbourne underworld figure with serious convictions dating back more than 30 years has had his visa canceled under Labor’s controversial Direction 99.
Kevin Farrugia, 51, an associate of Australia’s most famous crime lord Tony Mokbel, was saved from deportation by the Administrative Appeals Tribunal (AAT).
Monday’s decision, which was the latest in a series of embarrassments for the Government, came as Immigration Minister Andrew Giles, under fire, announced that new guidelines would be implemented within days.
More than 150 detainees, including murderers and sex offenders, have been released after the High Court ruled it was illegal to detain someone indefinitely if there was no real prospect of deporting them to another country.
Farrugia, whose serial criminality began in 1993, has been convicted of reckless conduct endangering life, kidnapping, illegal possession of firearms and drug trafficking.
Melbourne underworld figure Kevin Farrugia has had his visa canceled under Labour’s controversial Direction 99. Farrugia is an associate of Australia’s most famous crime lord, Tony Mokbel (pictured in a red tie outside a court in Greece in 2007).
Farrugia arrived in Australia from Malta when he was 17 months old and his long ties to the Australian community were taken into account, despite having spent more than 12 years in prison.
The AAT noted that Farrugia had an “extensive criminal record”, including a conviction for kidnapping and reckless conduct endangering life in 2003 and “multiple convictions” for being a prohibited person in possession of a firearm in 2000, 2004, 2008, 2009 and 2023.
“(Farrugia) did not make excuses but he did say that he had made bad decisions at a time when he was under the influence of drugs,” the AAT said.
He also has several drug convictions dating from 1993 to 2022, including “trafficking in a commercial quantity of pseudoephedrine” in 2008.
Pseudoephedrine is the active ingredient in the drug methamphetamine, also known as ice.
In ruling that the automatic cancellation of his visa be revoked, the AAT cited Directive 99, saying that “substantial weight” should be given to Farrugia’s links with Australia, given that he had “spent almost his entire life” in the country.
During question time in Parliament on Tuesday, Giles said he had canceled 35 visas so far and had “more under review” as a result of Directive 99 not being interpreted as the Government intended.
“I am aware of the (Farrugia) case… which was decided yesterday by the AAT and is being considered in accordance with the national interest,” he said.
Last week, the Minister introduced a 24-hour notification period so that he would be quickly informed of any cases where the AAT overturns visa cancellations, so that he could intervene using ministerial discretion if necessary.
The AAT decision is the latest in a series of embarrassments for the Government. Immigration Minister Andrew Giles, pictured.