The Administrative Appeals Tribunal (AAT) recently reinstated the visa of Kevin Farrugia, a 51-year-old with an extensive criminal history and ties to Melbourne’s Mokbel family. Despite Farrugia’s criminal record, the AAT decision was influenced by Immigration Minister Andrew Giles’s “direction 99,” which emphasizes the strength of ties to Australia when considering visa cancellations.
However, Minister Giles is now considering cancelling Farrugia’s visa again, citing national interest concerns. This move comes amidst efforts to replace “direction 99” with a new directive prioritizing community protection. Despite these efforts, “direction 99” remains in force temporarily.
Farrugia’s criminal history includes over 40 convictions for offenses such as kidnapping, drug trafficking, assault, and firearm possession. He has spent more than 12 years in jail and is associated with Melbourne’s Mokbel family.
In recent days, Minister Giles has cancelled 35 visas, responding to concerns about criminals being allowed to stay in the country due to “direction 99.” The case has sparked debate, with Shadow Immigration Minister Dan Tehan questioning the visa reinstatement.
The AAT noted Farrugia’s deep ties to Australia, including family connections and a daughter and partner who are citizens. These ties were significant factors in the decision to reinstate his visa, despite the seriousness of his offenses.
“Direction 99” was introduced in response to concerns about the deportation of long-term residents with minimal ties to their birth countries, such as New Zealand. New Zealand’s Foreign Minister Winston Peters has engaged with Minister Giles on this issue, emphasizing the importance of considering individuals’ connections before deportation.
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