Iraqi refugee, 25, who spent three years in jail for encouraging his cousin to brutally rape a woman at a motel and ignoring her desperate pleas for help wins his appeal to stay in Australia
- An Iraqi refugee's visa will be reinstated after being jailed for nearly three years
- The 25-year-old was jailed in 2013 for his involvement in the rape of a woman
- A Tribunal heard he encouraged his cousin to sexually assault her at a motel
An Iraqi refugee who spent nearly three years behind bars for encouraging his cousin to rape a woman has won an appeal to have his visa cancellation overturned.
The 25-year-old, who arrived in Australia in 2008, had been detained in the Villawood Detention Centre, New South Wales, since December 2016 when he was released from prison.
He had been jailed for watching his cousin sexually assault a woman he had brought to a motel room.
A 25-year-old Iraqi refugee will have his visa reinstated after being detained at the Villawood Detention Centre (pictured)
The 25-year-old's case was read before the Administrative Appeals Tribunal on Saturday afternoon, the Daily Telegraph reported.
They heard that the man and his cousin had gone to a motel where he and a woman had consensual sex.
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But later in the same evening, the cousin 'physically forced himself' on the victim and raped her.
The man had advised his cousin not to wear a condom, saying it 'feels better without one', while also laughing as the woman cried for help.
The court heard he told her: 'Don't worry, you'll like it.'
The 25-year-old was jailed for nearly three years over his involvement in the rape of a woman at the hands of his cousin (image of Villawood Detention Centre used)
At the time of sentencing in 2016, the court deemed the man's cousin as the primary offender, though also considered the man as being in a situation where he could have controlled or dissuaded his cousin.
He was jailed and subsequently detained in the Detention Centre, with the Tribunal noting he had shown remorse for his actions and 'limited empathy' for the victim.
The Tribunal decided the man was at a 'limited risk of offending'.
Senior member Milton Griffin, QC, said the 'correct' decision would be to reinstate the man's visa, saying he posed no threat to the Australian community.
'The primary consideration of the protection of the Australian community ultimately weighs in the Applicant's favour,' he said.
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