Child rapist who sexually assaulted his stepdaughter is allowed to stay in Australia

A man who raped his 14-year-old stepdaughter while her mother was in hospital giving birth to her baby brother or sister has been allowed to stay in Australia under new orders.

The 37-year-old New Zealand man known as CHCY was found guilty in 2022 of nine charges of ‘indecent treatment’, including raping the teenager.

After raping his stepdaughter, the man entered her room twice, climbed into her bed and rubbed her body.

At his sentencing, the judge told CHCY he would lose his Australian visa and “possibly face deportation”, Sky News reports.

Following an order from Immigration Minister Andrew Giles in January 2023, the Australian Appeals Tribunal (AAT) reversed a March decision to revoke CHCY’s visa.

Mr Giles’ leadership is forcing policymakers to consider whether a non-citizen who commits a crime spent their formative years in Australia.

A man who sexually assaulted his 14-year-old stepdaughter has been allowed to remain in Australia under orders from Immigration Minister Andrew Giles (pictured)

As the perpetrator had first moved to Australia when he was 17 years old, AAT ruled that the New Zealand man had spent his formative years abroad.

“The Tribunal concludes that CHCY has lived most of his life in Australia, where he has worked full-time and contributed to the tax system, the community and his family,” AAT said in its findings.

‘The Tribunal values ​​this consideration and notes that the Direction (99) clearly articulates that tolerance should be given to non-citizens in the circumstances of CHCY.’

Direction 99, issued by Mr Giles in January 2023, asks the AAT to make ‘ties with Australia’ a primary concern in visa determinations.

Since then, 35 offenders – including CHCY – have had their AAT findings quashed and allowed to remain in Australia.

It prompted shadow immigration minister Dan Tehan to call on Giles to explain to the Australian public why he refused to withdraw Direction 99.

“To rape a stepdaughter while your partner is in labor in hospital shows a clear failure of ministerial leadership (99),” Tehan said.

‘I don’t think you can get a worse example that that ministerial leadership is clearly failing and should therefore be withdrawn.

“And that’s why Andrew Giles needs to come out today and explain why he won’t withdraw it.”

A 29-year-old man released from immigration detention following a successful appeal to the AAT is alleged to have committed murder just weeks later (photo, Villawood Detention Centre)

A 29-year-old man released from immigration detention following a successful appeal to the AAT is alleged to have committed murder just weeks later (photo, Villawood Detention Centre)

It comes after a man released from immigration detention following a successful appeal to the AAT was alleged to have murdered a man just weeks later.

Emmanuel Saki, 29, who arrived from Sudan with his family of 12, was charged with murder following the stabbing death of Bosco Minyurano, 22, on May 12.

Since Saki arrived in Australia as a child, the tribunal found he had “significant” ties to Australia and reversed the revocation of his visa.

“The Minister accepted… that significant weight should be given to the fact that the applicant has been ordinarily resident in Australia during and since his formative years, and accepted that this primary consideration weighs in the applicant’s favor,” AAT wrote -Vice President Stephen Boyle.

“I agree that’s the case.”

Police will allege in court that Saki stabbed Mr Minyurano in a park on Mortimer Rd near Acacia Ridge, south Brisbane, shortly after midnight on Mother’s Day.

Saki’s visa was initially revoked after he failed the character test, following several violent attacks that led to prison in 2017 and 2018.

He was convicted of strangling a person unconscious, assault, sometimes even bodily harm, and assault.

Mr Giles is openly sympathetic to the plight of refugees, having acted as lawyer for 433 asylum seekers trying to reach Australian territory aboard the Norwegian freighter MV Tampa in 2001.