Immigration Minister Andrew Giles says the goverment had argued for cancelling the visa of a former immigration detainee weeks before he allegedly stabbed a man to death.
Sudan-born Emmanuel Suki was released from immigration detention following an AAT decision despite having an “extensive criminal record”, before allegedly murdering Bosco Minyurano in a Brisbane park on Mothers day.
The AAT had heard Mr Saki’s humanitarian visa was cancelled in October 2019, after he had been jailed on several occasions between 2017 and 2018 for violent offending – including choking a person unconscious, assault occasioning actual bodily harm, and assault.
The Administrative Appeals Tribunal overturned the decision in March, referencing a 2023 direction issued by Mr Giles instructing an individual’s time spent in Australia and their ties to the community be considered when ruling on their claim.
The tribunal ordered Mr Suki be released from detention just weeks before he allegedly murdered Mr Minyurano in a park in the Brisbane suburb of Acacia Ridge.
But the government has accused the AAT of misinterpreting its changes to immigration laws.
Mr Giles on Thursday said the government’s “strong argument” had been that the visa not be revoked and that he was seeking “urgent advice” from the department.
“We argued very strongly on the grounds of community safety which are the highest priority … that was what we put to the AAT, and the (AAT) made a different decision,” Mr Giles said.
“I am determined to keep working hard in response to, firstly, the matters that relate to the High Court’s decision last year, to ensure that we continue to put in place all of those mechanisms … to ensure that our trusted law enforcement officials can do their job to keep the community safe.
“That is my focus and it will continue to be my focus.”
Nationals senator Bridget McKenzie said the “buck stops” with Mr Giles and he should not be trying to shirk responsibility.
“He has the discretionary powers to make changes,” she said.
“This is a guy that has spent his entire adult life advocating for weaker border protection laws.”