This article was taken from http://www.abc.net
Convicted paedophile wins right to stay in Australia after minister’s approach deemed too heavy handed
By Maria Hatzakis and Kym Agius
Updated yesterday at 3:59am / June 05 , 2015
A convicted paedophile has won the right to remain in Australia after the Federal Court ruled former immigration minister Scott Morrison erred when ordering his deportation.
The 60-year-old, who cannot be named, was convicted in Queensland in 2009 of three counts of indecently treating his granddaughter.
He was sentenced to two years’ jail, suspended after six months.
The man was born in England and came to Australia when he was six years old.
The minister has, with respect, taken a sledgehammer to crack a nut.
Justice John Logan
He never applied for citizenship but his visa allowed him to remain here indefinitely.
However, in October 2014, Mr Morrison cancelled his visa.
Because the man was not an Australian citizen, the nature of his offences allowed Mr Morrison to make him a non-citizen because he failed the “character test”.
The man was arrested at his Queensland home in November 2014 and taken to the Villawood immigration detention centre in Sydney.
He challenged the detention in the Federal Court arguing that he was denied natural justice.
The court ruled in his favour on Friday.
Justice John Logan quashed the decision to cancel his Australian visa and ordered his immediate release from Villawood.
Further more the Government was ordered to pay costs.
Justice Logan noted Mr Morrison’s actions were “not bizarre” but out of proportion.
He said it was a “jurisdictional error”.
“The minister has, with respect, taken a sledgehammer to crack a nut,” Justice Logan wrote in his judgment.
“His exercise of the discretion conferred on him was … in excess of what was, in my view, necessary.”