New evidence emerges Immigration Minister Andrew Giles was warned new law that helped sex offenders and other criminals avoid deportation was not fully tested

Embattled Immigration Minister Andrew Giles was warned that new regulations he introduced had not been thoroughly tested on sex offenders and other criminals with work and family ties to Australia, according to documents released under Freedom of Information laws .

Shadow Immigration Minister Dan Tehan said Giles, who has been under heavy fire since late last year following a series of immigration disasters, should resign over the latest revelation.

More than 150 detainees, including murderers and sex offenders, have been released after the High Court ruled it was unlawful to detain someone indefinitely if there was no realistic prospect of removing him or her from Australia.

Before Giles introduced the so-called Direction 99, he was told that the effect of the change on sex offenders and violent criminals with family ties and employment histories had not yet been extensively tested in Australia.

In an August 2022 briefing note written by immigration officials, Mr Giles was informed that Immigration had tested the effect of the change on ten previous cases, the Daily telegram reported.

During a so-called ‘desktop exercise’, Mr Giles was told that in the three cases of serious crimes, including murder and child abuse, the criminal would still have been deported.

The Immigration Minister was warned that it was ‘important to note that none of these three cases had any family links and only one had an employment history’.

As a result, Mr Giles was told that his proposed change would not affect the overall number of serious and violent sex offenders being deported.

“It is clear from this government document that Andrew Giles compromised the safety of the Australian community based on a flawed desktop review of which he was briefed,” Mr Tehan said.

“It’s just one more reason why he should resign,” Tehan said.

But a spokeswoman for Mr Giles said ‘the advice to the Minister stated that the measure is not expected to impact serious and violent sex offenders’.

On Wednesday, Prime Minister Anthony Albanese and Mr Giles said Direction 99 would be changed.

Labor accused the Administrative Appeals Tribunal (AAT) of misinterpreting Mr Giles’ directions in January 2023, granting clemency to as many as 60 foreign-born criminals.

‘The Albanian government has always said that visa decisions should be based on two clear principles. Firstly, the protection of the Australian community. Secondly, common sense,” Mr Giles said.

‘A number of recent AAT decisions have not demonstrated common sense.’

Shadow Immigration Minister Dan Tehan (pictured) said Giles, who has been under heavy fire since late last year following a series of immigration disasters, should resign over the latest revelation.

Mr Giles revealed during Question Time that the Government’s response to the crisis is ‘introducing a new, revised ministerial direction to ensure clear principles’.

He said the revised guidance will ensure that ‘all members of the (AAT) will adopt a common sense approach to visa decisions, in line with the intention of Ministerial Directorate 99’.

He also confirmed that he and his department are in the process of ‘reviewing recent AAT decisions’.

Daily Mail Australia has contacted Mr Giles and Mr Tehan for further comment.