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The immigration minister has cancelled the visa of a Sudanese man accused of a violent murder in Brisbane on Mother’s Day.
Emmanuel Saki, 29, is in custody after being arrested and charged with the stabbing of 22-year-old Bosco Minyurano on May 12 in Acacia Ridge, just weeks after his visa was reinstated by the Administrative Appeals Tribunal (AAT).
The federal opposition seized upon the incident in its ongoing attacks against Immigration Minister Andrew Giles, after it was revealed a ministerial direction he penned in early 2023 played a part in the ruling.
That direction, known as Ministerial Direction 99, insisted bodies such as the AAT consider someone’s ties to the community in their decision-making.
Mr Saki was born in Sudan and travelled to Australia on a humanitarian visa in late 2006 when he was 12 years old.
His visa was cancelled in 2019 after he was convicted in the ACT of choking the mother of one of his two daughters, which carried with it an 18-month jail term.
The AAT noted the conviction, and a string of other offences, in considering Mr Saki’s bid to have his visa reinstated.
It ruled earlier this year that despite his criminal record, his time spent living in Australia and family ties were strong enough that he should remain in the country.
The opposition has pressed Mr Giles in Question Time, highlighting the decision in Mr Saki’s case, as well as others the AAT has recently ruled on, in which convicted criminals have been allowed to stay in the country as a result of decision-makers having to consider Ministerial Direction 99.
“The Albanese Labor government’s watering down of the law has allowed this criminal to stay in Australia, making our country less safe,” Deputy Opposition Leader Sussan Ley said in parliament.
“When will the Albanese government apologise for this catastrophic mistake and reverse direction 99?”
Mr Giles responded by saying his thoughts were “with the victim’s family”.
“This was a visa that was cancelled and remained cancelled under Ministerial Direction 99,” he said in Question Time.
“It was a decision of the AAT, an independent tribunal, to overturn the cancellation of the visa and I remind the house that the direction places a serious emphasis on family violence — these need to be considered in all matters by the tribunal.
“I also want to inform the house that I have cancelled the individual’s visa, and as this matter is before the courts I will say nothing about this matter.”
Giles’ direction issued in early 2023 to ease Kiwi concerns
Ministerial Direction 99 was issued by Mr Giles in early 2023, in a move seen to placate the concerns of successive New Zealand governments which had complained about Kiwi criminals being deported across the Tasman despite having little to no ties to the country.
The Coalition, which had refused to change its policies while in office, peppered Mr Giles in Question Time.
“Why did the minister not step in, intervene, cancel a visa before this man went on to allegedly murder a 22-year-old?” Opposition Leader Peter Dutton asked.
“Direction 99 did not decrease the importance placed on considerations, such as the expectations of the Australian community and the protection of the community from crime,” Mr Giles responded.
“That is a very important point here, as well as the fact that the visa in question was cancelled and remained cancelled by my department in accordance with Ministerial Direction 99.
“A number of cases were not raised with me by my department, and I’ve asked my department for an explanation why.
“My department is now looking at all these cases as a priority, and they are all under cancellation consideration.”
