At least 27 serious foreign criminals, including a British prostitute who murdered her baby, a Tongan paedophile who molested his daughter, and an Iraqi refugee who raped a vulnerable woman in his removalist van, have been allowed to stay in Australia since Home Affairs Minister Tony Burke cancelled the visa of nationalist activist Matthew Gruter for his political opinions.
Gruter, who has no criminal record and faces no criminal charges, was raided by armed Australian Border Force officers at 4am on November 18, just six hours after Mr Burke ordered his deportation as part of a federal and state government and police crackdown on the National Socialist Network following a peaceful police-approved protest against Jewish lobby influence. He flew back to South Africa with his wife and newborn baby earlier this month.
Mr Burke has since cancelled the visa of another man, a 43-year-old UK national permanent resident with an Australian wife and teenage son, over his alleged right-wing views after he was charged by the Australian Federal Police for allegedly “espousing pro-Nazi ideology” on X and owning swords with “swastika symbology. The allegations have not been tested in court since he was sent to immigration detention before he could appear in January as scheduled, and his wife insists he is not an extremist and says he suffers from PTSD as a result of a youth gang attack.
During the same period, the Administrative Review Tribunal of Australia either restored or granted visas to dozens of immigrant convicted criminals on the basis of the Labor government’s Ministerial Direction 110, which was put in place by Mr Burke’s predecessor Andrew Giles in July 2024 but has been maintained ever since by Mr Burke despite the direction regularly allowing criminals to stay in Australia because of their minor children or ties to the country.
The 27 cases identified by Noticer News are only those decided by the tribunal, and the true number of immigrants allowed to stay in Australia despite criminal convictions, either through unpublicised and unchallenged ministerial interventions or because they were given non-custodial sentences or jail terms of less than 12 months by the courts, is unknown.
These are the heinous foreign criminals who have avoided deportation in just the last five-and-a-half weeks, and the reasons they were allowed to stay:
November 18
Afghan refugee mother Sakina Muhammad Jan, jailed for one year for forcing her daughter to marry a Muslim man who murdered her. Given an extra two-year community corrections order despite refusing to sign it after sentencing while claiming she “didn’t do anything wrong”.
Assessed as little to no likelihood of reoffending because all of her other children are already married.
Allowed to stay because her entire family now lives in Australia, and “her life story is marked by tragedy and suffering”.
November 19
Schizophrenic Afghan-born domestic violence offender Seyed Koohpayeh, who came to Australia with a fake Iranian birth certificate and has a “substantial criminal record” for violence, drugs, arson, attacking police and driving offences. Avoided jail multiple times before finally being imprisoned for 12 months.
No formal risk assessment was made about his likelihood of reoffending, but the tribunal found there was “some ongoing risk”.
Allowed to stay because he “has the capacity and intention to return to a stable and productive life in Australia, and that removal from Australia carries some potential for interruption to his present comparative stability”.
November 20
Sri-Lankan born UK national William Terance Murrell convicted of shooting his son-in-law with an illegal firearm and jailed for seven years and six months.
Assessed as a low to medium risk of reoffending.
Allowed to stay because he’s needed to care for his family members.
November 21
British prostitute, anonymised as HZYX, who was charged with the murder and attempted murder of her ten-month-old son in 2023. The charges were found proven but she was found not to be criminally responsible for her actions due to a mental illness, and detained at a forensic hospital.
Assessed as being a low to moderate risk of reoffending by a forensic psychiatrist in August 2024, but the tribunal found she presented “little risk” to the community.
Allowed to stay because deporting her to to UK would be a mental health risk due to her being in proximity to an area where she claims to have been sexually abused, and because she has a partner and supportive friends in Australia.
November 21
New Zealander Mcalize Walding, jailed for 18 months for a violent service station robbery and car thefts, has a long history of drug and violence offences, violated a domestic violence order, and carried out an assault while in immigration detention.
Assessed as a low to moderate risk of reoffending.
Allowed to stay because of his relationships with his nieces and nephews, his ties to Australia including working and paying tax, and because he “does not wish to return to New Zealand and may experience some emotional and financial difficulties initially if removed from Australia to New Zealand”.
November 25
Filipino paedophile, anonymised as PFPY, jailed for just four months for child sex offences because of his moderate intellectual disability, epilepsy and behavioural disorder.
Assessed as a low to medium risk of reoffending.
Allowed to stay because he relies on family support for his health conditions and “substance abuse issues”, which means deportation will result in “significant hardship”.
November 27
Fijian man, anonymised as MPGJ, jailed for the “stealthing” rape of stranger he met on homosexual sex app Grindr and spent 300 days in jail before being given a three-year Community Corrections Order.
Assessed as having a “minimal or remote risk” of reoffending by the tribunal.
Given a refugee visa because Mr Burke accepted his protection claim that he was at “risk of harm” if returned to Fiji, and the tribunal found he did not fail the character test.
November 28
Burundian refugee, anonymised as MYQK. A schizophrenic drug user with a criminal history of domestic violence and other violent offending dating back to 2014, he was eventually jailed for 12 months but released on parole after 83 days, committed more crimes and was jailed for another two months.
Assessed as moderate to high risk of reoffending.
Allowed to stay because he would suffer “harm and systemic discrimination” in his home country, and have difficulties “transitioning and reintegrating”, and would need assistance from his sister who “leads a spartan subsistence life in a remote village without utilities”.
December 1
Eritrean refugee rapist, anonymised as MQDL, jailed for five years for raping a woman who was left suicidal by the attack. Had an eight-year criminal history including drug offences.
Assessed as a low risk of sexual reoffending and a low to moderate risk of drug-related reoffending.
Allowed to stay because he “there is a real chance he will be arrested, detained and subjected to ill-treatment and torture if returned” to Eritrea, because of the impact deportation would have on his family, and because he has a “deep-rooted desire to belong and contribute productively to Australian society”.
December 1
Vietnamese drug trafficker, anonymised as NRST, jailed for 12 months for cultivating cannabis and theft of electricity, and spared deportation in 2016. Jailed for another one year and 45 days for trafficking heroin and methylamphetamine. Refused a protection visa. Refused a partner visa. Refused a bridging visa.
No reoffending risk assessment given.
Granted a bridging visa because it’s in the best interests of his six-year-old Australian-born daughter, and because “his wife emotionally depends on [him] given her previous poor mental health”.
December 1
Chilean-born violent criminal, meth user and domestic violence (including against a pregnant partner) offender Esteban Alejandro Hall Infante, jailed for one year and four months for attacking his girlfriend while driving under the influence of drugs and then ramming police cars. Went on to commit more drug, domestic violence and driving offences and attacked a rideshare driver, and was jailed for another 13 months.
Assessed as posing a “real threat to the community”.
Allowed to stay because of the interests of his young son, who was removed from the child’s mother shortly after birth by authorities and has no contact with her.
December 2
Iraqi refugee, anonymised as KZLR, who gave a young nurse a lift in his removalist truck with a coworker after she asked them for help avoiding a man who was harassing her at a party, but then violently raped her inside when the other man got out to buy cigarettes. Found guilty by a jury and jailed for five years and six months. Said he would commit suicide if deported back to Iraq.
Assessed as a low risk of reoffending.
Allowed to stay because of his Australian citizen children aged 10 and 15, and because he feared prosecution in Iraq due to being a Christian.
December 3
Indian immigrant David Arokiaraj Maria Anthony Rayan, spared jail despite sexually assaulting 17 women at a Melbourne nightclub, but had his visa cancelled.
Assessed as a low risk of reoffending.
Allowed to stay because it’s in the best interests of his three-year-old daughter, even though there is an intervention order in place preventing him from seeing her.
December 3
Chilean professional burglar and career criminal Jorge Rodrigo Ruiz Vergara, jailed for 21 months for multiple theft and property offences. Jailed again for 12 months for break and enter and fraud.
Assessed as a “substantially reduced” risk of reoffending due to his “significant efforts at rehabilitation”.
Allowed to stay because of his “strong ties to Australia” and efforts at rehabilitation and counselling.
December 4
New Zealand paedophile, anonymised as FQYW, jailed for two-and-a-half years for sexually abusing his stepdaughter for two years starting when she was nine after being found guilty by a jury, and showed no remorse.
Assessed as being a low risk of reoffending.
Allowed to stay because of the special needs of his autistic son (the victim’s half-brother), because the boy’s mother has recently died.
December 5
Violent Lebanese schizophrenic, anonymised as BBJM, who tried to shoot and strangle his neighbour to death but was held not criminally responsible due to his mental health issues.
Assessed by a psychiatrist as having a risk of violent reoffending of “less than 2%”.
Allowed to stay because of the “mental health impact” of deportation, and that it is in the best interests of his minor children, aged 9, 10 and 17, even though his youngest son witnessed the attack and needed counselling.
December 8
Tongan domestic violence offender, anonymised as PXWZ, who the tribunal found was accepted as aboriginal after marrying a woman who was adopted into Worimi tribe via her foster mother. He was convicted of attacking his partner, assaulting his three-year-old child, drink driving, destroying property, and assaulting two different men. He was spared jail for all those offences, but was then jailed for five months for attacking another man, and then jailed for 12 months for an unprovoked alcohol-fuelled attack that left his fourth victim with a broken jaw.
Assessed as a medium to low risk of reoffending.
Allowed to stay because it’s in the best interests of his three “aboriginal” minor children and grandchildren, and because of his “strong and lengthy ties to the Worimi community”.
December 10
Iraqi refugee, anonymised as WQVR, jailed for two years and eight months for child sex offences committed against a 13-year-old girl he met on social media.
Assessed as a very low risk of reoffending.
Allowed to keep his refugee visa because it’s in the best interests of his son, 4, and daughter, 6.
December 10
South African-born New Zealand citizen domestic violence offender Sean Nico McKeith, jailed for 12 months for assaulting multiple partners.
Assessed as a moderate risk of reoffending.
Allowed to stay because of his traumatic brain injury, epilepsy, PTSD, major depressive disorder, and ADHD, which the tribunal found “explains – but does not justify – his very serious offending”, and because he would “struggle” without the support he has in Australia.
December 12
Pacific Islander New Zealand citizen Teata Silila Joe Junior Enosa, convicted of strangling his partner in front of his child and breaching a restraining order, jailed for five years for a violent kidnapping, then jailed again for three years for drug trafficking.
Assessed as a low risk of reoffending.
Allowed to stay because it’s in the best interests of his minor children, 6 and 8, and minor stepchild aged 14.
December 12
Tongan-born New Zealand citizen paedophile, anonymised as KTTY, spared jail for molesting his 10-year-old daughter, and then given another suspended sentence for sex offences against another female child who was sleeping over at his house.
Assessed as a low risk of reoffending.
Allowed to stay since 24 years have passed from the time of his offending, and because it’s in the best interests of his nine minor children and eight minor grandchildren.
December 15
Iranian illegal boat migrant Vahid Saeidi, jailed for five years for manufacturing and importing methylamphetamine.
Assessed as low risk of reoffending.
Granted a bridging visa because it’s in the best interests of his 11-year-old minor step-child, and because his “ties to the Australian community are strongly tethered to his wife, his stepdaughter, his mother-in-law and her partner and to his employers who attest to his skills, abilities and work ethic”.
December 16
Pakistani schizophrenic sex offender, anonymised as XWSG, convicted of indecently assaulting a 16-year-old girl but spared jail, has 50 other criminal convictions including assault and fraud, and is on the NDIS for his mental health issues.
Assessed as a low to moderate risk of re-offending, “highly contingent on mental health treatment, and other support, and abstaining from drugs and alcohol”.
Allowed to stay as he “cannot live independently without significant support, and there is no NDIS equivalent in Pakistan”, it’s in the best interests of his 11-year-old triplet siblings, and because he has strong family ties in Australia.
December 18
New Zealand citizen drug user Ariki Ricky Herangi-Kemp, jailed for four years for possessing large quantities of cocaine and cannabis and assaulting a female police officer as she searched his premises. Also had a lengthy criminal history he did not declare while flying in and out of Australia.
Assessed as low to moderate risk of reoffending.
Allowed to stay because it’s in the best interests of his three nephews, and because he has lived in Australian since age 6.
December 18
British drug trafficker Luke Humphries, jailed for 10 years for his role in the importation of 628kg of MDMA in barbecues from Greece.
Assessed as a low risk of reoffending.
Allowed to stay because of the interests of his wife and her family, and his sister who has Multiple Sclerosis, and because he would suffer “practical, financial and emotional hardship should he return to the UK” because of his ADHD, autism, depression, anxiety, “avoidance/restrictive food intake disorder”, a back condition, and lupus.
December 19
Alcoholic Nepalese domestic violence and repeat drink driving offender Subash Pokharel, jailed for 10 months for high-range drink driving.
Assessed as low risk of reoffending.
Allowed to stay in Australia because it’s in the interests of his Australian citizen minor children, who he said would “suffer cultural shock if relocated”.
December 22
New Zealand citizen Christopher Iafeta Farani Collins, jailed for four years after being caught transporting $1.7m in cash for an organised crime group, with previous convictions for attacking a woman with a glass bottle, assault, and theft.
Assessed as a low or minimal risk of reoffending.
Allowed to stay in Australia because his wife and children are reliant on him, particularly his seven-year-old son, and because of his ties to the community.
Header image: Left, Sakina Muhammad Jan arrives at court (9News). Right, David Rayan (7News).
The post Child killer, paedophiles and rapists allowed to stay in Australia since nationalist deported first appeared on The Noticer.
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