A convicted Afghan drug courier and fraudster has had a government decision to cancel his visa overturned by the Administrative Review Tribunal (ART), despite new drug-related charges emerging prior to his appeal. The 27-year-old refugee, identified only as ZKDP, was granted a revocation of his visa cancellation last week under the Albanese government’s Direction 110 guidelines.

ZKDP arrived in Australia in 2013 on a Global Special Humanitarian Visa at the age of 14. He has stated that after being assaulted at school, he began using illegal drugs, escalating from cannabis to methamphetamine and cocaine. In March 2021, he was arrested while driving on the Sturt Highway. Police found over 3 kilograms of MDMA, more than 2 kilograms of methamphetamine, and nearly a kilogram of cocaine in the vehicle's boot, leading to his conviction for supplying a large commercial quantity of drugs. He received a prison sentence of seven and a half years. Additionally, ZKDP was convicted of defrauding an elderly woman out of almost $2,000.

Following this conviction, his visa was cancelled. The ART initially upheld this cancellation in 2025. However, that decision was later set aside by the Federal Court in April after finding the tribunal had not adequately assessed the harm ZKDP would face if forced to return to Afghanistan. Since his release, he has lived in the community on a Bridging Visa R, granted following a High Court ruling.

In his appeal to revoke the visa cancellation, ZKDP expressed fear of Taliban persecution due to his Hazara ethnicity and highlighted his ongoing rehabilitation efforts. He acknowledged his past mistakes and emphasized his commitment to reintegration and rehabilitation in Australia.

During the ART hearing in late September, government lawyers disclosed that ZKDP faced multiple new charges that month, including drug possession, driving on a suspended licence, and possessing prescribed restricted substances. He pleaded not guilty to all charges.

Deputy President Kate Millar, presiding over the tribunal, described ZKDP as presenting a “moderate” risk of reoffending. Although he completed an intensive drug rehabilitation course in prison, he did not engage with recommended community drug support services post-release and provided no proof of ongoing attendance at Narcotics Anonymous.

Millar noted that a pre-release report indicated ZKDP believed he no longer required further treatment but was willing to consider community intervention. ZKDP also stated in his tribunal testimony that he did not feel further drug rehabilitation was necessary.

Balancing these factors, Millar placed significant weight on the risk to ZKDP if returned to Afghanistan, the emotional impact on his family, and his long-standing personal ties to Australia. “The strength, nature and duration of ties to Australia, the best interests of minor children, the prospects and uncertainty of being removed from Australia for the applicant and his family” informed the decision to revoke the visa cancellation, Millar wrote.

An Immigration Minister spokesperson emphasized that “community safety always comes first” and clarified that the case reached the ART solely because the Department of Home Affairs had cancelled ZKDP’s visa.