Australian Federal Court judge releases hundreds of migrant criminals back onto the street

I wanted to touch on this earlier but been flat out until now.

Just before Christmas last year, there was a major federal court decision that resulted in hundreds of non-citizen convicted criminals being released from immigration detention into the Australian community, largely unbeknown to the public being Pearson vs Home Affairs 2022.

You can read the full findings here.

Essentially, a woman by the name of Karen Pearson who had received multiple sentences for separate criminal offences had her visa cancelled under Section 501, as she had aggregated a total period of more than 12 months imprisonment, making her liable for mandatory visa cancellation under Section 501 of the Migration Act. Generally speaking, anyone who is sentenced to 12 months or more is liable for cancellation under this section.

For context, the other major visa cancellation power Home Affairs has for criminal matters is Section 116(1)(e) – safety and good order. However, decisions under this power can be appealed multiple times whereas anything under S501 is generally appeal for revocation to the minister or high court – from experience both avenues generally uphold the original decision as s501 is the strongest cancellation power available (apart from Section 33 – the direct Ministerial powers used to cancel Novak Djokovic).

TL;DR version but basically, Justice Sarah Derrington ruled that migrants that have been sentenced to an aggregate of 12 months or more were incorrectly cancelled due to a misinterpretation of the word ‘aggregate’ and the original cancellation decision was deemed null and void. This meant anyone cancelled under S501 for aggregate sentences of imprisonment and in immigration detention under S.189 had been unlawfully detained and were to be released immediately. You’re talking people convicted of armed robbery, grievous bodily harm, sexual assault, domestic violence offences, rape – all that stuff.

In short, a total clusterfuck.

In response, the government passed an amendment to the Migration Act on 17th February 2023 that confirmed aggregate sentences could be explicitly taken into account when using s501 powers. As a result, all of those cases affected by the federal court ruling that were released into the community are now basically liable for detention again because the original cancellation decision now stands.

Yes, a real total clusterfuck.

I don’t know the exact numbers released but I’m told by my legal sources in Canberra that the number of criminals released into the community is in the 200-300 ball park. I’m further told that the AFP and ABF are currently running around spending time, energy and resources re-detaining these people at astronomical cost to the tax payer, but what else is new in Canberra?

I mean, what can you say really? It’s one of the worst decisions I’ve seen a federal court judge make and I’ve seen some doozies. Derrington is an industrial relations lawyer by trade so she’s way out of her league on this one, and quite frankly, an idiot shielded from the consequences of her decisions.

Andrew Giles and Clare O’Neil have to be the worst immigration and home affairs ministers of all-time in record time. The other thing of note is that there was total media silence on this, except for a buried SMH fluff piece, but that’s par for the course.

There’s been quite a few other immigration developments which I’ll comment on when I have the next opportunity, but all I’ll say is I’ve never seen the immigration portfolio handled so poorly, which leads me to believe it’s being done intentionally and that they’re deliberately breaking the system to rebuild it into god knows what.

Given Albanese’ recent jaunt to India to sell citizenship, I think we know where this is headed.

Guest article from barrister Mark who has served a sentence of over 20 years in the legal world including migration and criminal law

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stagmal

its pretty much impossible to be deported in australia, its by design. the visa system exists only as a cash cow not a barrier to entry

Agent 47

This exactly.

It’s even worse than that, immigration haven’t been locking up anyone the last three years. The excuse given is ‘no flights to deport people and no room in detention centres’.

That might have been true when the borders were completely closed but they have been open for almost a year and they’re still playing this card, got people who have overstayed their visas by years being let go and out into the community and doing what they want.

Borders are an illusion now in EZFKA.

A fly in your ointment

its pretty much impossible to be deported in australia

Rubbish.
Try being unjabbed healthy sportsman or try falling into cracks of mo correct visa and no money. Succeed in making a huge follower base on a blog pivoting on exposing fast-shism in this pond or be a whistle blower too is a fast track to a farewell bid.

I wonder if Novax’s fate would’ve been different in case he owned several mortgaged properties…

stagmal

bruh novaks deportation had to invoke the highest level ministerial power ever to actually succeed

A fly in your ointment

I guess you’re right.
my comment was a bit tongue in clit, of was it a cheek (can’t seem to remember the phrase)

Agent 47

Good article.

Yes, can confirm via my ex-colleagues that this is happening. The relationship between Police and ABF/Home Affairs is really bad now because of it. It also shows how the judiciary live in their own world and don’t wear any consequence from their actions.

The current attorney general and home affairs ministers are both retarded.

Agent 47

Off topic but looks like we got an Indian Jussie Smollett incident in Adelaide.

https://www.abc.net.au/news/2023-03-09/man-punched-while-promoting-adelaide-fringe-show/

stagmal

is there evidence he’s making it up?

Stewie

So ‘racists’ Australian Caucasians are to blame because they became annoyed by racist Indians mocking Australian culture, because Australians haven’t fully embraced papadum’s being here and displacing them with their street shitting culture.

Meanwhile the ABC has removed or changed the story…

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Last edited 11 days ago by Stewie
Agent 47

They deleted it!

Admission that it was bullshit right there in my opinion.

Agent 47

Original article stated that SAPOL couldn’t find any evidence of the offender described to them.

It sounds like it was made up to create notoriety for his comedy show. Anyway, standard pajeet.

Coming

It’s amazing to me how lax the justice system is generally, except in the case of sexual assault

like you can bash someone and inflict serious harm and get a suspended sentence

physical assault is just as serious if not more serious than sexual assault, since there are more likely to be actual physical effects and the psychological ones are just as bad if not worse

yet it’s treated like it’s nothing

whereas a bit of he said she said morning after regret and boom you’re in jail for 5-10 and identified as a sex offender

sure violent rapists should absolutely have the book thrown at them 20 years or death penalty but most of it is just a misunderstanding

Probably because victims of assault are usually men and malelivesdontmatter

Agent 47

Women in law and especially on the bench in court is one of the main culprits. Female judges more likely to give out bail, CCO and the rest of it. Certainly my experience anyway.

stagmal

it’s pretty much the case that violence is legal in australia, you can sucker punch anyone you want and assuming there’s no priors (and even then) nothing is going to happen to you. suspended sentence at best, the punishment is more the process because legal cases in magistrates courts take YEARS, constantly having to be scheduled and reschuduled for your hearing, prelim hearings, contest mentions etc add up to fucking years

its all a rort

Agent 47

It’s legal for criminals.

Defend yourself in your own home against said violence and expect to be thrown under the bus.

Applies equally to Police – that NT cop Zac Rolfe being destroyed for shooting an abo on meth charging him with a knife sums it up.

stagmal

not for cops being the shit out of lockdown protesters tho

Agent 47

Good point.

Aussie Soy Boy

Getting violent, aggressive, abusive is what blokes do in this country. I think Aussie sports are the only ones in the world where you can constantly pester people off the ball and carry out minor assaults. In country leagues you can put someone in wheelchair for life and the worst you’ll get in a long term suspension. Just boys being boys.

Stewie

Speaking of Judges acting against the values demanded by society, here we have another example of an over empowered Judicial Vagina over-ruling the standards expected by the patriarchy:

“It would appear that this matter resonated with [Clisdell] in an inappropriately emotional way and in a manner which appeared to cause him to stray from his judicial task,” she said, noting magistrates are under pressure from heavy workloads.

And yet when we look to the underlying issues of the case, she still believes he errred:

A NSW school teacher will again face court accused of shoving a student even though a magistrate threw out the charge as a “classic case of the insanity” gripping the world that drives all teachers out of the job and threatens to collapse society at large.

The teacher, Emma Tiller, was charged by police with common assault and assault occasioning actual bodily harm after allegedly shoving the arms of a year 2 student.

Tiller lost her job as a result, the court heard.

The Local Court heard Tiller saw the seven-year-old holding his hands near his waist and thought he had taken out his penis near the face of another child or was “simulating” his penis using blocks.

“I yelled out, ‘Stop. That’s not appropriate.’ He didn’t stop,” Tiller told police, the Local Court in Queanbeyan heard.

“All I saw was he was still standing like this. And I pushed his arm away from behind.”

https://www.smh.com.au/national/nsw/lunatics-running-asylum-magistrate-overruled-for-clearing-teacher-20230310-p5cr1d.html

They will be the downfall of civlization, but at the end everyone will be fairly treated in their misery.

Last edited 10 days ago by Stewie
Coming

https://www.dailymail.co.uk/news/melbourne/article-11842475/Female-teacher-Monique-Ooms-secret-sex-student-not-jailed.html

Female teacher roots 16yo boy multiple times

wont spend a day in jail

Judge Smallwood claimed a previous case where a 17-year old girl had sex with her 40-year old male teacher was ‘not this situation’ and he was keen to avoid his sentence being appealed. 

what will grace tame have to say about this

Coming

Here’s another one

https://www.smh.com.au/national/nsw/tinder-murder-trial-aborted-after-unexpected-high-court-ruling-20230310-p5cqzr.html

just imagine if it had been a woman murdered by her tinder date and his mates, lurking in wait at his apartment

Last edited 10 days ago by Coming
OzCuck

I avoid fights like the plague. Not that I’m tough or anything. Unless you’ve got some good boxing experience you’re probably gonna get your arse handed to you. On the other hand you can get away with some pretty scary and gory threats. So it’s not all bad.

Peachy

In response, the government passed an amendment to the Migration Act on 17thFebruary 2023 that confirmed aggregate sentences could be explicitly taken into account when using s501 powers. As a result, all of those cases affected by the federal court ruling that were released into the community are now basically liable for detention again

Well, I actually don’t find this too outrageous.

this is how the law is meant to work. The judges make a call on what they think an ambiguous word means, then the parliament can tell them if parliament thinks its will has been misinterpreted/words misread. Or more senior judges can do so on appeal or in a subsequent decision.

looks like they moved remarkably quickly too, clarifying the law within 2 months or so.

If the judge was out of her depth in this subject area, that’s a bit unfortunate, though. But it should probably be chalked up as a good piece of lawyering for the side that managed to secure that decision, still!

Hopefully those folks set free won’t kill too many people before they’re re-detained.

Last edited 11 days ago by Peachy
stagmal

they only objected on the ambiguity of the word bc it facilitiates the visa con

if it was an ambiguous word that if disputed would reduce the third world krush load there’d of been no objection

Agent 47

Yeh beat me to it. That part of the act hasn’t been an issue for decades (thousands of cancellations) and suddenly now it is.

The variable here is the judge. Mark needs to comment on the protection visa rort in my opinion if he’s across it.

Peachy

they only objected on the ambiguity of the word bc it facilitiates the visa con

i haven’t read the decision (been busy with lots of important meeting this, see), but I’m 99% sure that the visa holders were represented not by the government (which hearts the visa cons) but by some bleeding hearty lefty lawyers, ……… or at least ordinary lawyers bankrolled by some bleeding heart lefty Karens, Kerryns, Ka-Rins and Crystals.

Coming

When will you tell us what happened to ezfka.com

Peachy

How should I know?

Looks like the enemies of ezfka.com probably successfully sabotaged it again.

Coming

So it wasn’t you that put the ‘We will survive’ banner?

sanjeev did it on his own ?

Plausible deniability I guess

Stewie

Maybe some angry Ukrainian upset that this is probably the only website in Australia that isn’t playing along with the msm narrative.

Last edited 10 days ago by Stewie
stagmal

this is a good point ukrainians are overrepresented worldwide in hacking/phishing/email/telecommunications scams. its the nigeria of europe

Gorix

She wasn’t alone. It was 3 judges. The full bench but for some, reason this fact doesn’t sit comfortably with the censor.

Peachy

On this topic (being the topic of trading law and social cohesion for “profit number go up”) we have this here news story

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Coming

I don’t know why we don’t already do this

you could even earn your freedom faster if you work hard

like Roman slaves/gladiators

I fully support it of course the profits need to be public

Peachy

I fully support it of course the profits need to be public

I think the Americans do this already

B2EC7C0D-6F9A-430D-B100-EDAC515B4614.jpeg
emusplatt

particularly following what was done `1788 …penal colony ..hyuk hyuk

stagmal

to actually recieve custodial time in aus you have to do something really bad lol. like legit you have to be a serious criminal to actually get to the stage where they’re considering putting you in jail

it’s not like you get there for pinching a mars bar which articles like this are trying to insinuate, oh instead of putting that petty weed user in jail give him 5 months working at kmart lmao

nah itll be rapists and serial violent offenders rocking up to work the big w tills great fucking idea

Coming

Send them to work in garbage trucks or lithium mines

that would reduce the wages of bogans which would be good for society also
less motorbikes and jet skis

labourers making $50/hr in Sydney , probably most of them ex cons anyway
we should be using them to build houses and solve the rental crisis

Agent 47

l’d prefer for us to go full The Running Man.

We love a good reality show and the ability to gamble on the outcome. Why not cut the crooks in on some of the action?

Earn a pardon if you survive.

stagmal

wagner made good use of russian criminals in the bakhmut campaign

https://www.youtube.com/watch?v=ufOVEKwY2sw

they turned out to be excellent fighters bc they didnt care if they lived or died

Peachy

The Running Man

is that some old-time movie?

Agent 47

An Arnie classic based off of a Stephen King book.

https://youtu.be/9yNjdx192Hg

stagmal

jingle all the way

emusplatt

OTA..
CB geniuses gunna curb this inflation?

https://doomberg.substack.com/p/farmers-on-the-brink

Chuckmuscle

Funny story, but I remember Sarah Derrington lecturing me at UQ back in the day. Didn’t make much of her at the time, except that she was obviously so far up her own ass that she was incomprehensibly annoying to talk to or ask a question.

Reading this post (not the decision, I hated law by the end and figured I could make more money and have more free time running money), I’m not at all surprised she redefined what aggregate means. I think she probably typifies intellectual, yet idiot.

stagmal

what was she lecturing you about

spill the beanz

Freddy

Judges have already used the ideological (rather than literal) definition of “racism” to exclude white people that are “not an oppressed minority”.

I feel that we need to get these judges into a senate enquiry to confirm whether these words (and hence laws) are taking on a different intent.

Gruppenführer Mark

My favorite is considering women a “minority”. Last I checked, they were certainly not a minority, but, albeit slight, majority in Australia (latest census data).

One of work colleagues, on an internal site discussing International Women’s Day, posted: “if you haven’t “lived” the “lived experience” of being in a gender minority, please seek to gain some understanding

I think I will identify as a gender minority from now on…

Stewie

The Schrödinger’s Feminist Paradox of 2023:

A woman is simultaneously a powerless victim & an empowered heroine until something happens whereby she chooses the state most immediately beneficial.

This is what happens when a social movement continues unopposed, whatever initial virtue that may be attached to a movement gradually transitions into tyranny, as it seeks to continue advancing the interests of those it represents beyond the point where any injustice has been eliminated, to the point where it starts encroaching on the freedom and rights of others. The LGBT being another case in point.

Gruppenführer Mark

Golf Clap

Last edited 10 days ago by Gruppenführer Mark
Gouda

Tried to share this before the crash – Triguboff emails to government planning department.

“You need the money and we need the money too”
https://twitter.com/savelittlebay/status/1633033234694148096

“If you do not answer quickly, you leave me no option.”
https://twitter.com/savelittlebay/status/1633926225893933057

Agent 47

This cunt just needs to die already.

Coming

Is there anything unreasonable about this ?

cunts whinge about planning laws, then when someone tries to roll up their sleeves and get shit done , they’re all up in arms

everything he says is factually correct , and the money would be revenue for NSW not in the pocket of this public servant

I don’t see why would have a problem other than Harry is rich , Jewish and blunt
I applaud him for these letters no irony

definitely not for supporting the mass immigration in the first place tho

Agent 47

Rich and blunt I have no issue with, the fact he builds total horseshit everywhere and wears none of the downside risk is what most people take issue with.

How he has access to the RBA governor and just about everyone else above everyone is another thing.

Coming

ok but there isn’t anything wrong with his letters

This FOI/GIPA wasn’t worth shit

Agent 47

Just re-enforces that he’s a cunt.

Coming

Maybe that’s why I like him

emusplatt
emusplatt
emusplatt

silicosis revisited…. check the photo ffs.

pull a stunt like that here and your operation is shut down

https://www.australianmining.com.au/news/grt-advises-against-complacence-as-silicosis-cases-rise/

Stewie

Gawd – been reading some of the guff that DLS has been posting on China, the guy is cheer leading a confrontation with China almost as hard as the SMH:

The best way to win it is for a united West to make clear to China that if it annexes Taiwan (or anybody else) it will be kicked out of the global economy via an even more stringent set of trade and monetary sanctions than those applied to Russia.

https://www.macrobusiness.com.au/2023/03/rise-of-the-superdoomster/

Lol – they’ll just ‘kick’ China out of the world economy…. as though it is as simple as kicking someone our of a year 6 girl’s ‘friendship group’ and that there is a comparable economy that can step in and manufacture all the crap merchandise that the US imports as a part of its Consumer economy model.

The only thing China risks being kicked out of is the US dominated Financial system, like Russia has been, and Germany was previously prior to WW2. Anyone who threatens the Global Usary system is a threat to “Democracy”. Only difference is that this time the ‘rest of the world’ has been busy establishing their own Financial Payment systems.

Last edited 10 days ago by Stewie
stagmal

who gives a fuck whether taiwan is democratic or not lol

and surprise surprise the comment section flooding up with retards talking about chatgpt

FUCK OFF

Last edited 10 days ago by stagmal
Coming

I’ve been very interested to see smh/Fairfax suddenly beat the war drums

multiple front page spreads about the Chinese menace
when previously they said nothing or were very pro China

obviously someone upstairs has given them the word to start preparing the npc’s

twitter progressive left has noticed it and is very upset .
so watch out the next media piece will be about trans rights or women’s rights in China

also notice how everything is about how great Indian students and migrants are now
Chinese don’t get a mention

airbus doing a parade with modi etc
also coinciding with US media/intelligence doing a complete 180 on the lab leak theory

glad my son isn’t conscription age and surely I’m too feeble and old
what was the upper age cut off during Vietnam and ww2 etc ?

Last edited 10 days ago by Coming
stagmal

twitter progressive left will go along with it they aree pro war now

Coming