A violent ice addict who robbed a train passenger has won an appeal against a deportation order due to fears he could be killed in the Philippines.
The convicted criminal, 28, arrived in Australia with his mother and two sisters when he was six-years-old, but his permanent visa was revoked in 2015.
The man, known only as BHKM, claimed he could face extrajudicial killing if he was deported back to the Philippines, the Herald Sun reported.
For this reason, BHKM, who has spent the past five years in prison and immigration detention, was granted a protection visa by the Administrative Appeals Tribunal of Australia (AAT).
The man, known only as BHKM, claimed he could face extrajudicial killing from the Duterte regime (Philippine President Rodrigo Duterte pictured) if he was deported back to the Philippines
The AAT heard BHKM, who has a history of violence and petty crime, first became addicted to ice when he was 17-years-old.
The tribunal also heard he was beaten by his mother’s partner until he was 11 or 12.
The man’s crimes include robbing a train passenger, smashing his head against a window and wounding someone in a street fight, the Herald Sun reported.
Speaking at the Administrative Appeals Tribunal of Australia, BHKM said he wanted to get a job and leave crime behind him.
His mother and sisters told the tribunal they saw BHKM work hard to turn his life around.
They said he began a methadone program behind bars and continued with his progress in immigration detention.
BHKM was granted refugee status by the migration and refugee division in April last year due to concerns he would be killed if sent back to the Philippines.
He feared for his life due to his history of drug use.
The Immigration Department refused to send him back to the Philippines on the basis that it would breach Australia’s international obligations.
Minister for Immigration and Border Protection Peter Dutton (pictured) fought the decision
Minister for Immigration and Border Protection Peter Dutton fought the decision.
A delegate of Mr Dutton’s argued the man was a danger to the community and refused his request for a protection visa.
AAT deputy president Brian Rayment overturned that decision.
‘There is a reason to think that the risk of his reoffending is significantly lower than previously in his life,’ Mr Rayment said.
Mr Rayment ruled the case should reassessed, arguing discretion should be used in favour of his protection visa.