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UK man beats deportation from Australia after failing controversial 'character test' | UK man beats deportation from Australia after failing controversial 'character test' |
(1 day later) | |
A UK citizen who has lived in Australia since childhood has successfully overturned a government bid to deport him over a sexual offence conviction. | A UK citizen who has lived in Australia since childhood has successfully overturned a government bid to deport him over a sexual offence conviction. |
David Degning, 57, has been detained in Sydney since last year, after he was deemed to have failed a "character test" law that was introduced in 2014. | David Degning, 57, has been detained in Sydney since last year, after he was deemed to have failed a "character test" law that was introduced in 2014. |
He appealed against his deportation to the UK, arguing that he posed no threat to the community. | He appealed against his deportation to the UK, arguing that he posed no threat to the community. |
A court ruled his visa had been unfairly cancelled. | A court ruled his visa had been unfairly cancelled. |
Under Australian law, non-citizens can have their visas cancelled if they are sentenced to a year or more in jail. | Under Australian law, non-citizens can have their visas cancelled if they are sentenced to a year or more in jail. |
Degning was convicted of having sexual intercourse with a person with a cognitive impairment in 2013. He received a 17-month suspended sentence after a judge ruled that he was unlikely to re-offend. | Degning was convicted of having sexual intercourse with a person with a cognitive impairment in 2013. He received a 17-month suspended sentence after a judge ruled that he was unlikely to re-offend. |
His lawyer, Stephen Blanks, said Degning was released from a detention centre this week after the verdict in the Federal Court of Australia. | His lawyer, Stephen Blanks, said Degning was released from a detention centre this week after the verdict in the Federal Court of Australia. |
"After all that he's been through, he was just elated. He and his family have suffered so much," Mr Blanks told the BBC. | "After all that he's been through, he was just elated. He and his family have suffered so much," Mr Blanks told the BBC. |
The Australian government said it would review the case following the court's verdict. | The Australian government said it would review the case following the court's verdict. |
'Devastating' experience | 'Devastating' experience |
Degning was aged seven when he migrated with his family to Australia in 1968. He considers himself Australian and his wife, daughters and grandchildren have Australian citizenship, said Mr Blanks. | |
He has previous convictions in Australia for assault, drink-driving, drug and theft offences - but only the sex offence led to a jail sentence that was greater than a year. | He has previous convictions in Australia for assault, drink-driving, drug and theft offences - but only the sex offence led to a jail sentence that was greater than a year. |
Mr Blanks said his client had initially ignored notices about his cancelled visa due to shame about his past, and was later arrested at his home. | Mr Blanks said his client had initially ignored notices about his cancelled visa due to shame about his past, and was later arrested at his home. |
"It was devastating for him. Fifteen officers came to take him away - detaining him in that way as if he was a terrorist was frightening to him and his family," the lawyer said. | "It was devastating for him. Fifteen officers came to take him away - detaining him in that way as if he was a terrorist was frightening to him and his family," the lawyer said. |
On Tuesday, Chief Justice James Allsop overturned a previous ruling that had upheld his deportation. The court found that Degning had not been afforded a fair process to contest his case. | On Tuesday, Chief Justice James Allsop overturned a previous ruling that had upheld his deportation. The court found that Degning had not been afforded a fair process to contest his case. |
Australia toughened its laws in 2014 to enforce a mandatory visa cancellation of non-citizens convicted of serious offending. | Australia toughened its laws in 2014 to enforce a mandatory visa cancellation of non-citizens convicted of serious offending. |
The controversial law has led to a surge in the number of cancelled visas - more than 4,000 in total - since 2014, according to government statistics. Fewer than a third of cases were overturned last year. | The controversial law has led to a surge in the number of cancelled visas - more than 4,000 in total - since 2014, according to government statistics. Fewer than a third of cases were overturned last year. |
UK citizens are the second-most affected group after citizens of New Zealand. | UK citizens are the second-most affected group after citizens of New Zealand. |
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