Non-Citizen Offenders

The Hon. H.M. GIROLAMO (15:04): I seek leave to give a brief explanation before asking a question of the Attorney-General and Minister for Aboriginal Affairs about illegal detainees.

Leave granted.

The Hon. H.M. GIROLAMO: Recently, it was reported that a Sudanese migrant with a criminal record who self-identified as an Aboriginal man has been granted the right to stay in Australia by the Minister for Immigration's Direction 99, which obliged government and court officials to consider an applicant's ties to Australia, amongst other factors. The man, known as RCWV, was born in the capital of Sudan and moved to Australia on a protection visa at 20 years of age. RCWV's visa was revoked after he amassed a series of convictions, including knife crime, car theft, and serious driving offences that left one victim with life-threatening injuries. Despite his criminal history, the Administrative Appeals Tribunal ruled in favour of allowing RCWV to remain in Australia. My questions to the minister are:

1. How many non-citizen offenders residing in Australia have not had their visa revoked as a result of Direction 99?

2. Can the Attorney-General inform the council about the nature of the crimes committed by those who have had a decision made as a result of Direction 99?

3. Have any non-citizen offenders in South Australia claimed Aboriginal or Torres Strait Islander heritage in support of an application to meet criteria, including those the subject of Direction 99?

4. What assurances are there to ensure that non-citizen offenders do not falsely claim to be Aboriginal or Torres Strait Islanders to support any application to meet the criteria of Direction 99?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:06): I thank the honourable member for her question. As I have previously outlined in answers to questions that have been asked in this chamber about immigration detainees who have been released by virtue of High Court decisions, the police have previously said that they are more than capable and will be monitoring them, and will work with the Federal Police. I expect that is the case now and that will continue.