Embattled Immigration Minister Andrew Giles was warned that new regulations introduced by him had not been thoroughly tested for sex offenders and other criminals with work and family ties to Australia, documents released under Freedom of Information laws have shown.
Shadow Immigration Minister Dan Tehan said Mr Giles, who has been under heavy fire since late last year following a series of immigration disasters, should resign over the latest revelation.
More than 150 detainees, including murderers and sex offenders, have been released from detention after the High Court ruled it was unlawful to indefinitely detain someone if there was no real prospect of removing them from Australia.
Before introducing what is called Direction 99, Mr Giles was told the effect of the change on sex offenders and violent criminals with family ties and work history in Australia had not been extensively tested.
An August 2022 briefing note written by immigration officials advised Mr Giles that the immigration department had tested the effect of the change on 10 past cases, the Daily Telegraph reported.
Embattled Immigration Minister Andrew Giles was warned that new regulations introduced by him could help sex offenders avoid being deported from Australia
Under what is known as a ‘desktop exercise’, Mr Giles was told that the three cases involving serious crimes, including murder and child sex offences, would still have seen the criminal deported.
The Immigration Minister was warned that it was ‘important to note that none of those three cases had any family ties and only one had some employment history’.
Therefore, Mr Giles was advised his proposed change would not affect the overall number of serious and violent sex offenders being deported.
‘It is clear from this Government document that Andrew Giles put the safety of the Australian community at risk based on a flawed desktop review that he was briefed on,’ Mr Tehan said.
‘It is but another reason as to why he should resign,’ Mr Tehan said.
But a spokeswoman for Mr Giles said ‘advice provided to the Minister stated that the direction was not expected to impact serious and violent sexual offenders’.
On Wednesday, Prime Minister Anthony Albanese and Mr Giles said that Direction 99 will be changed.
Labor blamed the Administrative Appeals Tribunal (AAT) for misinterpreting the direction issued by Mr Giles in January 2023, resulting in as many as 60 foreign-born criminals being shown leniency.
‘The Albanese government has always said that visa decisions need to be guided by two clear principles. Firstly the protection of the Australian community. Secondly, common sense,’ Mr Giles said.
‘A number of recent AAT would decisions have not shown common sense.’
Shadow Immigration Minister Dan Tehan (pictured) said Mr Giles, who has been under heavy fire since late last year following a series of immigration disasters, should resign over the latest revelation
Mr Giles revealed during Question Time that in response to the crisis, the Government is ‘introducing a new, revised ministerial direction to ensure clear principles’.
He said the revised direction will ensure ‘all members of the (AAT) adopt a commonsense approach to visa decisions, consistent with the intent of ministerial Direction 99’.
He also confirmed he and his department are in the process of ‘reviewing recent AAT decisions’.
Daily Mail Australia has contacted Mr Giles and Mr Tehan for further comment.