A Sudanese criminal with a long record claimed he identified as Aboriginal and could play the didgeridoo in a successful bid to be allowed to remain in Australia.
Despite his criminal record, the 35-year-old, known only as RCWV, had his visa reinstated due to Immigration Minister Andrew Giles’ Directorate 99 ruling.
The bully pleaded to stay in Australia in a letter to the Administrative Appeals Tribunal (AAT), claiming he had been adopted by an indigenous tribe in regional New South Wales.
He told the AAT he “considers Australia home” because of his connection to Aboriginal culture, including the fact his partner and two children, aged nine and five, are Indigenous.
The court heard RCWV had been accepted by an Aboriginal tribe in Orange on the Central Tablelands.
He now participates in the daily life of the indigenous community, creates indigenous art and has even learned to play the didgeridoo.
The court heard that in the eight years bBetween 2012 and 2020, RCWV had 26 convictions including drugs, domestic violence assault, stalking and intimidation.
The 35-year-old, known only as RCWV, had his visa reinstated despite a long record due to an order made by Immigration Minister Andrew Giles.
The crimes progressively worsened over time, beginning with possession of a prohibited drug.
He was later charged with aggravated dangerous driving causing serious bodily injury, negligent driving and destruction of property.
He was convicted of stalking, intimidating and assaulting his partner in 2019 and 2020.
Despite the attacks, his partner told the court that she was willing to move to Sudan with her children to be with him if he was deported.
But he was still granted a visa after the court ruled his links to Australia and self-declaration of Aboriginality favored his application to stay.
“We met regularly with other members of the tribe and were regularly invited to family gatherings and other important events,” he told the AAT in the letter.
‘Through those events and catch-ups, I formed a strong bond with (his partner’s) family and other cousins, aunts, uncles, elders and other members of (his) family.
“During those years I also learned a lot about Aboriginal culture, I was taught how to paint Aboriginal art and I also played digeridoo in the past.”
RCWV said he was “officially welcomed and accepted” into the Indigenous community during a smoking ceremony in 2017, after the birth of his first child.
“This ceremony was attended by many family members, including many elderly people,” he said.
“There were no objections to our acceptance into the Tribe from any family member.”
In a judgment delivered by the Administrative Appeals Tribunal (AAT), RCWV’s case was examined almost entirely with Mr Giles’ Address 99 in mind.
RCWV told the court that since his ceremony, when his name was formally inscribed in a book for the community, he has “identified himself as an Aboriginal person and regards Australia as my country”.
Despite her partner’s deep connections to Australia through her heritage, she told the AAT she did not want her children to be separated from their father, given her own father was part of the Stolen Generation.
“(She) has already made inquiries with the Sudanese embassy in Australia for information on moving to Sudan,” the court heard.
‘If (she) moves to Sudan, she will be physically separated from her parents and her indigenous culture in Australia.
Giles revealed during question time that, in response to the crisis, Labor is “introducing new and revised ministerial direction to ensure clear principles”.
‘I am very concerned that they will be cut off from important cultural connections in Australia, and that their ability to learn and interact with their indigenous culture will be significantly compromised if they move to Sudan.
“I believe the children would suffer serious harm if they were transferred to Sudan.”
The woman has significant physical and mental health problems and finds it difficult to raise her children without her partner, the court heard.
He said he worries that if RCWV were deported and something happened to him, his children would be placed in state care.
RCWV came to Australia aged 20 with his family from Sudan. He has post-traumatic stress disorder after claiming that he saw two of his brothers die in Sudan and that he was a child soldier.
Some of his memories were debated in court, including by a forensic psychologist who evaluated him.
But it was ultimately determined that “despite the inconsistencies, what is consistent is that the applicant was exposed to childhood trauma and suffers from post-traumatic stress disorder.”
He did not meet several criteria to reverse Mr Giles’ Directive 99 visa revocation due to his long criminal history and moderate risk of reoffending.
But the court determined his ties to Australia and self-declaration of Aboriginality favored his application to remain and approved his offer.
He wrote a statement appealing to the court about his connection to Indigenous Australia, including that his partner and two children, aged nine and five, are Indigenous.
The court heard RCWV was accepted by an Aboriginal tribe in Orange, in country New South Wales, where he participated in the daily life of the community, created indigenous art and even learned to use a didgeridoo.
The Albanian government activates the AAT
In the wake of the dispute over allowing rapists and pedophiles to remain in Australia under the controversial Government directive, the Prime Minister has turned against the AAT.
Anthony Albanese harshly criticized the court and argued that it had not taken a sensible approach to the direction issued by Giles.
“The Albanian government has always said that visa decisions should be guided by two clear principles,” he said.
‘First and foremost, the protection of the Australian community. Second, common sense.
“Several recent decisions by the AAT have not shown common sense.”
Giles revealed during question time that, in response to the crisis, Labor is “introducing new and revised ministerial direction to ensure clear principles”.
He also confirmed that he and his department are in the process of “reviewing recent AAT decisions”.
Senator Murray Watt, who previously represented Mr Giles in Senate Estimates, argued that the AAT’s decisions were “not in line with government policy”.
“And frankly, I don’t think these AAT decisions are in line with community expectations either,” Watt said.
But the Coalition has responded to the government’s attempts to distance itself from the crisis, pointing out that AAT decisions have been made with Directorate 99 directly in mind.
