A Sri Lankan immigrant with a long history of domestic violence has been allowed to stay in Australia despite being jailed for three years over a dangerous driving crash that killed his mother and daughter.
Motor mechanic Tharanga Ehalape-Gamage, 42, came to Australia in 2012 with his now ex-wife who he repeatedly bashed, including when she was heavily pregnant, resulting in five assault convictions, before the couple separated in 2019.
Later that year Ehalape-Gamage was driving home to Mildura, Victoria, from a Sri Lankan festival when he veered onto the wrong side of the road, causing a head-on collision that killed his mother, 70, and five-year-old daughter. His son, 3, survived, and the driver of the other vehicle suffered life-altering injuries.
Ehalape-Gamage was jailed for three years for dangerous driving in 2022, and in July last year was taken to an immigration detention centre where he appealed his visa cancellation to the Administrative Review Tribunal (ART).
The tribunal decided to revoke Ehalape-Gamage’s visa under Ministerial Direction 110, which has been maintained by Immigration Minister Tony Burke despite the order resulting in violent criminals repeatedly having their visas restored, including dozens in the past two months alone.
ART senior member John Rau SC, the former Labor deputy premier of South Australia, found that while Ehalape-Gamage failed the character test he was unlikely to reoffend and would face hardship if returned to Sri Lanka, and took him “at his word” that he would not beat his wife again.
“I have come to the view that the decision in this case is ultimately tied to the question of the likelihood of the [Ehalape-Gamage] engaging in more family violence,” he said.
Mr Rau went on to say that despite there was a moderate risk Ehalape-Gamage would engage in more domestic violence, he accepted there was “some insight into his past behaviour” and said his connection to his son was a “strong motivating consideration”.
“The Tribunal cannot grant a conditional visa or impose parole-like conditions. The Tribunal does not have a crystal ball. The Applicant either has the Visa restored or he does not,” Mr Rau said.
“After careful consideration, I have come to the view that it is marginally more likely that the Applicant will not commit further acts of family violence. In coming to this view, I am taking him at his word.”
The decision comes less than two weeks after the tribunal allowed a Sudanese refugee who was jailed for the manslaughter of an Australian teenager to stay in the country.
Another 28 serious criminals have been spared deportation under the Direction 110 since Mr Burke cancelled the visa of South African national Matthew Gruter, who has no criminal record, for his political opinions on November 17 last year.
During the same period Mr Burke cancelled the visas of British war veteran Ryan Turner and a Ukrainian refugee for alleged linked to the now-disbanded National Socialist Network, and another UK national for allegedly espousing Nazi ideology on X, and owning swords with swastika symbology.
Header image: Tharanga Ehalape-Gamage’s ex-wife and deceased daughter (GoFundMe).
