Australian Attorney-General Questioned Over Handling of Visa Breach Cases

Australian Attorney-General Mark Dreyfus is facing scrutiny over his handling of cases involving alleged breaches of visa conditions by non-citizens freed from immigration detention. Senator Michaelia Cash, who served as attorney-general in the previous government, has questioned why Dreyfus has not used his powers to provide guidelines to Commonwealth prosecutors on how to handle such cases.

Why this matters: The handling of visa breach cases has significant implications for public safety and national security, as it involves individuals with potential criminal backgrounds being released into the community. The Attorney-General's role in providing guidance to prosecutors can have a direct impact on the outcome of these cases and the broader community's trust in the justice system.

The issue came to the forefront after the case of Majid Jamshidi Doukoshkan, a 43-year-old former immigration detainee from Kuwait, who was grantedbailin February over alleged curfew breaches despite being a non-citizen. The magistrate made the decision because the Commonwealth prosecutor did not oppose the move. The charges were later dropped due to a technical bungle related to the reissuing of Doukoshkan's visa.

Doukoshkan is now facing new charges over an alleged home invasion and brutal assault of 73-year-old Perth grandmother Ninette Simons. Prime Minister Anthony Albanese expressed outrage over the decision to grant Doukoshkan bail, stating, "It lacks common sense that the prosecutor did not oppose bail. If it was up to me, I assure you that there wouldn't have been bail granted in that case." However, Albanese emphasized that the decision was made independently by the Director of Public Prosecutions (DPP) and the Australian Federal Police (AFP).

Senator Cash pointed out that the attorney-general has the power to give the DPP guidelines on how to handle prosecutions, including bail decisions. She questioned why Dreyfus had not used this power, citing his previous intervention in the prosecution of whistleblower Bernard Collaery. The legislation allows the attorney-general to give the DPP guidelines that "relate to the circumstances in which the director should institute or carry on prosecutions for offences." Any directions to the DPP must be published "as soon as practicable" in the government gazettes.

A spokesman for the Attorney-General stated that the DPP conducts prosecutions independently of the government, while a spokesperson for Immigration Minister Andrew Giles said that decisions about bail are made independently by the CDPP. Since the Office of the Director of Public Prosecutions was established in 1984, there have been nine "section 8" directions made by attorneys-general. The most recent direction was issued by Senator Cash in 2022, requiring prosecutors to seek ministerial consent before taking anyone to trial on charges relating to support for Hamas.

The case of Doukoshkan is one of several involving former immigration detainees who were released into the community following a High Court ruling in November that found indefinite immigration detention unlawful for those with no real prospect of deportation from Australia. About 20 of the 154 former detainees released have been arrested for various offenses, including breaches of visa conditions. Some of the released detainees had prior convictions for serious crimes, including murder, paedophilia, and sex offences.

Another former detainee, 42-year-old Kimbengere Gosoge from Burundi, was recently arrested in Western Australia for allegedly breaking his curfew and tampering with his ankle monitor. Gosoge was out on bail for aggravated robbery charges, including deprivation of liberty and assault occasioning bodily harm, which were not communicated to the Australian Border Force. He is scheduled to appear in court on May 23.

The Australian government is facing mounting pressure to address the handling of visa breach cases by non-citizens. Prime Minister Albanese has rejected calls to sack Immigration Minister Andrew Giles, explaining that the decisions in the Doukoshkan case were made by independent agencies. The government has introduced laws to address visa breaches, including curfews, criminal penalties, and a regime to apply for preventive detention. As the debate continues, theAttorney-General's rolein providing guidance to prosecutors remains under scrutiny.

Key Takeaways

• Australian Attorney-General Mark Dreyfus faces scrutiny over handling of visa breach cases by non-citizens.
• Senator Michaelia Cash questions why Dreyfus hasn't provided guidelines to prosecutors on handling such cases.
• Majid Jamshidi Doukoshkan, a former immigration detainee, was granted bail despite alleged curfew breaches.
• Doukoshkan now faces new charges over alleged home invasion and assault of a 73-year-old grandmother.
• Gov't faces pressure to address handling of visa breach cases, with PM Albanese rejecting calls to sack Immigration Minister.