A Fijian sex criminal has been allowed to stay in Australia on a refugee visa despite convicted of the “stealthing” rape of a man he met on homosexual hook-up app Grindr.
When the 32-year-old was arrested in 2023 he was on student visa, which expired while he was in custody, and after his sentencing he was sent to immigration detention for deportation.
While there he applied for a bridging visa which was refused, but a delegate of Immigration Minister Tony Burke then accepted his protection claim that he was at “risk of harm” if returned to Fiji – even though he had travelled back there three times since first entering Australia – only to refuse him a visa on character grounds.
The man, referred to as MPGJ in court documents, then appealed to the Administrative Review Tribunal (ART), which last month ruled he did not fail the character test after finding there was a “minimal or remote risk” he would commit more crimes if allowed to stay in Australia.
MPGJ, who was studying nursing and working as a cleaner and in aged care before his arrest, spent 300 days in custody before pleading guilty and being sentenced to a three-year Community Corrections Order in Campbelltown District Court in July 2024.
The tribunal heard that MPGJ met his victim on Grindr, and they then had sex in the victim’s car outside a gym. When the victim discovered the Fijian had not been wearing a condom as agreed he attended a sexual assault clinic and reported him to police, and MPGJ made a full confession.
ART general member Shane Evans found that MPGJ had from the outset “demonstrated that the offending was out of character and he deeply regretted his conduct”, noting his prison work record and that he had told his mother about his crime and homosexuality.
“[MPGJ] is firmly focused on the future and his career, which he is passionate about. He has engaged in meaningful rehabilitation which he has found useful. He has commenced counselling and continues to learn from his experiences with the assistance of his faith,” Mr Evans said.
“I consider that the [his] openness about his sexuality and offending with family and friends indicates he has made significant progress in establishing more mature and intimate relationships with the people in his life.
“He has also demonstrated significant resolve and resilience when faced with difficult circumstances, which indicates he has developed healthy emotional coping mechanisms to deal with personal stressors and maintain reasoned decision making.”
The tribunal also found that MPGJ did not have a criminal history in Fiji.
“For these reasons I consider there is a minimal or remote risk that [MPGJ] will engage in further criminal conduct should he be allowed to remain in Australia. As such, I am satisfied that the Applicant does not fail the character test,” Mr Evans ruled.
“The reviewable decision is set aside and in substitution it is decided [MPGJ] should not be refused the visa on character grounds.”
The tribunal did not assess MPGJ’s protection claim or provide details about why they were accepted by the Immigration Minister.
The decision came after the ART restored the visa of an Afghan immigrant who sexually assaulted a teenage girl on a Melbourne bus, and Mr Burke’s office cancelled the visas of peaceful nationalist protester Matthew Gruter, who was deported to South African last week.
Header image: Grindr app icon on smartphone screen (Ivan Radic, CC BY 2.0).
