A New Zealand citizen whose visa was cancelled after brutally beating his then-girlfriend with a baseball bat has won the right to stay in Australia.
Meth addict Leroy Wilton, 35, who has a 15-year-long criminal history including multiple convictions for assault, domestic violence and stalking, was flagged for deportation in March 2023 after he admitted attacking a woman in Orange, NSW.
The Administrative Appeals Tribunal deputy president Antoinette Younes noted in her judgement last week that Wilton accused his partner of cheating, punched her in the face, and attacked her with a baseball bat, leaving her bloodied and bruised. She had a newborn baby at the time.
Wilton had already been convicted for domestic violence offences in 2015, 2017, three times in 2020 and again in 2021, along with multiple driving offences.
But Ms Younes decided that Wilton’s mental health problems, drug rehabilitation efforts, his four minor children,the impact deportation would have on him and his family, and the fact that he’d lived in Australia from a very young age, outweighed the risk of reoffending and community expectations of removal.
She also took into consideration that Wilton’s extended family in New Zealand are “mostly drug dependent” and associated with gangs, making him fear he could not remain drug-free if he was deported.
He was also worried about his job prospects, and the adverse effect moving to New Zealand with him would have on his mother.
“The Tribunal has given significant weight to the very serious nature of the offences committed by the Applicant which involve family violence, and his risk of reoffending,” she wrote in her judgement.
“The Tribunal acknowledges that non-citizens who have engaged in acts of family violence raise legitimate concerns such that the Australian community would expect they should not continue to hold a visa.
“The Tribunal is mindful that where significant harm could be inflicted, any risk of reoffending may be considered unacceptable.
“However and consistent with the principles in the Direction, the Applicant is to be afforded a higher degree of tolerance because he has lived in Australia for most of his life and from a very young age.”
Ms Younes therefore revoked the mandatory cancellation of Wilton’s visa.
2GB host Ben Fordham said the decision made his blood boil.
“I thought we had zero tolerance for arseholes who bash women,” he said on Wednesday.
“Aren’t we having some sort of national conversation about domestic violence? What have we been listening to this past week or two?
“And this filthy pig gets to stay.”
Wilton’s disturbing criminal history:
- 31 March 2009 – the Applicant was convicted of Use offensive language in/near public place/school.
- 18 August 2009 – the Applicant was convicted of Drive with middle range PCA, and Never licensed person drive vehicle on road – 2nd offence.
- 20 October 2009 – the Applicant was convicted of Destroy or damage property.
- 25 May 2010 – the Applicant was convicted of Destroy or damage property, and Drive while disqualified from holding a licence.
- 22 September 2010 – the Applicant was convicted of Destroy or damage property, and Drive while disqualified from holding a licence.
- 11 December 2014 – the Applicant was convicted of Never licensed person drive vehicle on road – first offence.
- 16 October 2015 – the Applicant was convicted of Common assault (DV) – T2.
- 29 February 2016 – the Applicant was convicted of Never licensed person drive vehicle on road – prior offence.
- 23 January 2017 – the Applicant was convicted of Destroy or damage property (DV).
- 18 February 2019 – the Applicant was convicted of Use an unregistered registrable Class A motor vehicle on road, and Drive motor vehicle during disqualification period – 1st off.
- 12 August 2019 – the Applicant was convicted of Drive motor vehicle during disqualification period – 2nd off.
- 20 April 2020 – the Applicant was convicted of two counts of Destroy or damage property (DV), and Contravene prohibition/restriction in AVO (Domestic)
- 11 August 2020 – the Applicant was convicted of Drive motor vehicle during disqualification period – 2nd off, Fail to appear in accordance with bail acknowledgement (BENCH – NON CONVICTION), Destroy or damage property <=$2000 (DV) – T2, and Stalk/intimidate intend fear physical etc harm (domestic) –T2.
- 7 September 2020 – the Applicant was convicted of Stalk/intimidate intend fear physical etc harm (domestic) – T2, and Destroy or damage property <=$2000 (DV) – T2.
- 25 January 2021 – the Applicant was convicted of Drive motor vehicle during disqualification period – 2nd off, Stalk/intimidate intend fear physical etc harm (domestic) – T2, Fail to appear in accordance with bail acknowledgement (BENCH – NON CONVICTION), and Destroy or damage property <=$2000 (DV) – T2.
- 14 March 2023 – the Applicant was convicted of Destroy or damage property <=$2000 (DV) – T2, Fail to appear in accordance with bail acknowledgement (BENCH – NON CONVICTION), Stalk/intimidate intend fear physical etc harm (domestic) – T2 (two counts), and Assault occasioning actual bodily harm (DV) – T2.
