A high-profile lawyer has renewed calls for a migrant convicted of sexually assaulting a young girl to be deported after his visa was reinstated because of his ‘strong ties’ to Australia. 

The 83-year-old man, who cannot be identified for legal reasons, was jailed for 14 months in 2024 after sexually abusing a nine-year-old girl in the presence of another child.

A Perth court heard the UK national molested the girl while pinning her down, conduct Perth District Court Judge Felicity Zempilas described as involving ‘a degree of force or coercion’.

After the man was released from jail, his permanent visa was automatically revoked.

However, he successfully appealed the cancellation at the Administrative Review Tribunal (ART) last year, claiming he could not remember molesting the girl. 

He had also been charged in relation to the sexual abuse of a young boy, but was later acquitted by a jury. 

The ART ultimately found the man had ‘very strong ties’ to Australia and would face ‘significant impediments due to his ill health’ if returned to the UK. 

‘Well, I’ve got my visa back, so it’s all good,’ he told the ABC after the hearing.

Specialist abuse lawyer Andrew Carpenter has questioned why a migrant convicted of sexually assaulting a young girl has been allowed to remain in Australia 

The UK national, who cannot be identified for legal reasons, held down a nine-year-old girl and sexually abused her in the presence of another child 

Specialist abuse lawyer Andrew Carpenter condemned the ART’s decision on Tuesday.

‘If you abuse a child, there is a one-way ticket back to your country,’ Mr Carpenter said in a video discussing the case.

‘Australians do not want convicted child sex offenders here.’ 

Mr Carpenter also cited the ART’s judgement, which said the man did ‘not represent an unacceptable risk to the Australian community’. 

‘One would assume an unacceptable risk would be someone that’s abused a child and been convicted, and charged again (in a separate matter),’ he said.

He called for Home Affairs Minister Tony Burke to prioritise victims and their families and deport the man. 

Mr Carpenter’s video sparked a strong response online, with many Australians describing the visa decision as sickening. 

‘Where is the care and safety for our Australian children and citizens. WTF is wrong with our government allowing this to happen?’ one social media user commented.

Mr Carpenter called on Home Affairs Minister Tony Burke to prioritise victims and deport the man 

The Albanese government has been urged to change the law 

Another said: ‘There should be zero tolerance of any child sex abuse offender. Cancelling visas is the first thing we should do.

‘Our compassion for abusers should be as limited as the abusers show their victims.’

Under Ministerial Direction 110, introduced by the Albanese government in 2024 to address stateless criminals being held indefinitely, reinstatement rules were strengthened to prevent more serious offenders from avoiding deportation. 

However, it still allowed an applicant’s ties to Australia to be taken into consideration when making any decision. 

The families of the young victim and the man’s previous accuser have demanded that the Albanese government overhaul the law and reverse the decision. 

The mother of the young boy in the case in which the man was acquitted said she was horrified that he was still allowed to stay in the country.

‘(We were) completely let down, completely betrayed,’ she told the ABC.

‘His needs were put before the victim’s, before the community … why are we giving priority to an abuser over Australian child victims of sexual abuse?’

She revealed she had reached out to Mr Burke on multiple occasions asking him to deport the man ‘in the public interest’ but was told he was not legally able to do so. 

‘The ministers are not required to exercise their power,’ the family were told in a letter from the Department of Home Affairs.

‘What is in the public interest is a matter for the ministers to determine. I appreciate this is not the response you were hoping for… I can assure you that your correspondence has been noted.’

Mr Carpenter’s call comes just weeks after it was revealed another convicted child sex offender may be allowed to stay in Australia. 

His psychologist argued he would pose less risk of reoffending if granted a permanent protection visa.

The 50-year-old Sierra Leone national has served jail time for multiple assaults against underage boys.

He is subject to a protection finding, meaning he cannot be deported to his home country, and has previously told the court he cannot be sent to another African nation due to his sexuality.

The Daily Mail has contacted the Department of Home Affairs for comment.