A serial upskirter who avoided jail despite filming over 100 women inside public toilets could face deportation as outrage intensifies, fuelled by tech billionaire Elon Musk.

The Department of Home Affairs is reviewing the visa status of Vietnamese student Bao Phuc Cao, 23, after a magistrate spared him jail last week in what critics have slammed as a grossly inadequate penalty, news.com.au reports. 

Cao, a biomedicine student at the University of Melbourne, pleaded guilty to secretly filming a woman inside a Docklands shopping centre bathroom in February 2025. 

Despite police later uncovering more than 100 similar videos on his devices, he avoided prison and instead received a community corrections order. 

Under the Migration Act, authorities can cancel a person’s visa on character grounds even if they are not sentenced to jail, including where an individual poses a risk to the Australian community. 

While mandatory cancellation normally applies to sentences of 12 months or more, officials still retain broad discretion, which is being exercised in Cao’s case.

The case exploded internationally after Tesla billionaire Elon Musk weighed in on X, responding to a post from activist Drew Pavlou, who wrote: ‘He filmed 150 Australian women in toilets. Zero conviction. Judge didn’t want to deport him’. 

Musk replied: ‘Deport the judge.’

Bao Phuc Cao (pictured) was hustled out of court afterward by a man unrelated to the case who attempted to shield him from the media

The case exploded internationally after Tesla billionaire Elon Musk (pictured) weighed in on X, responding to a post from activist Drew Pavlou, writing: ‘Deport the judge’

One Nation leader Pauline Hanson also weighed in, posting simply: ‘DEPORT.’

Women’s rights campaigner Sall Grover argued deportation alone would not address the underlying problem.

‘Just deporting him means he is a free man in Vietnam and local women will be his victims. Absolutely nothing about the problem is solved,’ she posted on X.

She said Australian laws must be changed to ensure clear penalties for voyeurism and prevent men entering female-only spaces. 

‘Ideally, this POS is resentenced (he has already plead guilty) and then deported but to a Vietnamese prison,’ she said. 

During sentencing, the court heard that Cao’s behaviour had a ‘profound impact’ on one victim, who now struggles to use public bathrooms at work or in public.

She ‘panicked’ after she noticed Cao’s phone pointed at her from under a cubicle wall at Chipmunks Playland and Cafe Docklands on February 20, 2025.

Security was informed and swooped on Cao, who was in a nearby toilet cubicle.

Bao Phuc Cao (left) tried desperately to conceal his face as he left the Magistrates Court of Victoria in Melbourne last Friday

Cao was caught filming one victim from under a cubicle wall at Chipmunks Playland and Cafe Docklands (pictured) last year 

When asked why he was in the women’s toilet, Cao told officers, ‘I’m not sure about my gender.’ 

Cao pleaded guilty on March 5, but his hearing was adjourned as the court awaited a victim impact statement. 

During sentencing on Friday, Magistrate Michelle Mykytowycz described Cao’s actions as ‘offending of a most intimate kind’. 

‘She remains anxious, unsurprisingly she is hypervigilant,’ he said of one victim. 

‘The woman’s sense of safety has been and continues to be affected, impacting her ability to use the restroom in the office and in public.’

Cao sat with his head bowed for the majority of the hearing, dressed in a navy sweater and white collared shirt.

The 23-year-old was hustled out of court afterward by a man unrelated to the case who shielded him from media cameras.

While a conviction was not recorded, Cao must comply with his good behaviour bond and community corrections order.

Bao Phuc Cao (centre) departs the Magistrates Court of Victoria in Melbourne, Friday, March 13 after being handed down a good behaviour bond and community corrections order

‘If you don’t comply with corrections orders that is going to put you in breach,’ Ms Mykytowycz warned the court. 

‘Subject to nature of the breach, they can cancel the orders and resentence you.’

It is the third time Cao avoided jail time for the same type of predatory behavior.

In October 2024, he was caught filming a woman in a public bathroom and ultimately received a community corrections order. 

In July 2025, Cao again received lenient treatment without a recorded conviction for an offence in student showers.