Judge lashes Burke over visa law inaction

By the Editorial Team · Tuesday, September 15, 2026

A Federal Court judge reprimanded the Albanese government for contesting a ruling that allows certain convicted offenders to regain permanent visas without appealing or changing the law, in a case involving a South Sudanese refugee with a violent criminal record. The decision underscores ongoing legal tensions over immigration policies and community safety, prompting calls from opposition figures for legislative reforms to better manage visa grants to serious offenders.

A Federal Court judge has criticised the Albanese government for questioning a recent immigration ruling that allowed a convicted offender to regain a permanent visa, while failing to amend the relevant law or pursue an appeal. Justice Michael Lee raised these concerns in a judgment issued last week regarding another immigration detainee with a violent criminal history.

The case involved a South Sudanese refugee, identified as LKQD, whose refugee visa was cancelled in 2015 following over 80 criminal convictions, including violent assaults both within the community and detention facilities. LKQD sought to replace his Bridging Visa R—a temporary visa provided to offenders released after the High Court’s 2023 NZYQ decision, which ruled indefinite detention unlawful—with a less restrictive protection visa. He argued that this would reduce his risk of reoffending.

The government, through a submission from Immigration Minister Tony Burke’s delegate, challenged the argument by asserting that an earlier Federal Court ruling in the matter known as DVRL was wrongly decided. That 2026 decision granted a permanent visa to a West Papuan man convicted of manslaughter, on the basis that the man’s risk of reoffending would be lower if granted the visa rather than held on the Bridging Visa R.

Justice Lee rejected the government’s challenge to the DVRL ruling, emphasising that until overturned by the High Court or amended by legislation, the judgment remains binding. “It is open to the minister to consider whether the direction should be amended, consistent with the Act, to address those concerns,” Justice Lee wrote, referring to Ministerial Direction 110, which governs visa decisions involving non-citizens with criminal histories. However, he added that the law cannot be administered on the assumption that the DVRL decision was incorrect in the absence of legal reversal.

The judge upheld the Administrative Review Tribunal’s refusal to grant LKQD a protection visa, concluding that the tribunal had properly considered the community’s safety. The tribunal found that LKQD posed a high risk of reoffending regardless of visa status or available supports, citing his history of violent behaviour and noncompliance with mental health treatments. Justice Lee noted that LKQD remained eligible for substantial assistance through the Department of Home Affairs, including accommodation and health services, under his current visa.

The findings sparked criticism from the opposition. Immigration spokesman Jonno Duniam described the government’s failure to appeal the DVRL judgment as “strange and highly incompetent.” Senator Jonno Duniam urged a review of Direction 110 and called for legislative amendments to prevent serious offenders from regaining visas on grounds that might undermine community safety.

LKQD arrived in Australia in 2004 as a refugee but lost his visa after multiple violent crimes, including assaults involving weapons and aggressive incidents while detained. The case exemplifies the ongoing tension between immigration law, community safety, and legal rights of detainees following the High Court’s ruling on indefinite detention.

The Minister for Immigration’s office was contacted for comment but has not responded.

This article was reported by synthesizing coverage from multiple independent news outlets to present a balanced, unbiased account. Read about our editorial standards. Spotted an error? Let us know.