Gemma Jones Political Reporter
The Daily Telegraph
November 18,2013
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A CONVICTED people smuggler busted three times coming to Australia using fake identities will be considered for a protection visa after being deemed a legitimate refugee.
The 41-year-old - who served two years of a 10-year jail sentence for people smuggling - returned to Australia in 2010 on a boat.
Department of Immigration officials rejected his refugee claim but a merits review found he was owed protection.
The decision has placed the government in a difficult position as it is unlikely the man can be removed.
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An ombudsman's report to parliament shows the man first arrived in Australia by air in 1997 carrying a stolen Australian passport. He came using another fake passport in 2001 - and was convicted of people smuggling in 2006.
Former immigration minister Chris Bowen allowed the man to lodge a protection visa application last August.
"He has recently written to the minister 'asking for mercy'. He apologised for his past misdeeds and said he is now of good character," the immigration ombudsman said.
In another case reviewed by the ombudsman, a 31-year-old boat arrival wanted on an Interpol red notice for misappropriation was also found to be a refugee upon review.
Australia has told Interpol it cannot extradite the man to face charges and a three-year jail sentence because there is no extradition treaty with the country where he is wanted.
The man was living in community detention despite failing an offshore character test.
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In another case, a paperwork bungle meant a 26-year-old convicted robber who served jail time in the UK was released into community detention. He spent four months in the community last year before the mistake in a submission to Mr Bowen was realised and the then minister revoked the man's placement.
"The Department of Immigration and Citizenship became aware the submission that had been put to the minister did not contain information about Mr X's criminal conviction and imprisonment in the UK," the ombudsman noted.
A 36-year-old man convicted of robbery, assault and visa overstay in another country was also found to be a refugee and is awaiting an offshore character test.
An asylum seeker permitted to leave community detention later became "a person of interest to the police".
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