British convicted sex offender, 57, is allowed to STAY in Australia after he wins battle against deportation
- David Degning, 57, spent the past 16 months in an Immigration Detention Centre
- The British citizen faced deportation after failing Peter Dutton's character test
- The grandfather has a long criminal history that included a sex offence
- He was fighting to stay in the country, having spent the majority of his life there
A convicted sex offender has won his battle to stay in Australia after facing deportation due to his dark past.
British citizen David Degning, 57, has spent the past 16 months in Sydney's Villawood Immigration Detention Centre.
He was set to be deported back to the United Kingdom after the Department of Home Affairs moved to have his visa revoked in 2016.
Degning, who has lived in Australia for more than 50 years, has a long criminal history that included having sexual intercourse with a person with a cognitive impairment.
British citizen David Degning (pictured), 57, has spent the past 16 months in Sydney's Villawood Immigration Detention Centre
He was convicted in 2013 and given a 17-month suspended sentence and placed on a good behaviour bond.
Degning has also previously faced drug, drinking-driving and assault charges.
He was fighting to stay in the country, having spent the majority of his life in Australia where he has voting rights and Australian children.
The Federal Court of Australia had dismissed his appeal to stay in the country in August last year but that decision was overturned on Tuesday on the grounds of procedural fairness.
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Two out of the three judges found Home Affairs Minister Peter Dutton had unfairly cancelled the visa, ABC reported.
Degning was released from the detention centre this week and has been reunited with his family on the New South Wales south coast.
Degning's lawyer Stephen Blanks said his client was now considering claiming compensation.
'The whole idea that people with that level of connection to Australia can be deported on the most tenuous grounds when there is no cogent reasoning that they are a future risk to the Australian community is an extraordinary policy.
Degning was fighting to stay in the country, having spent the majority of his life in Australia where he has voting rights and Australian children
'In reality, it's a policy to break up families.
'We have to deal with people who have chequered pasts in our community, we don't solve any problems by sending them overseas.'
Degning's family had launched a petition, pleading to allow him to remain in Australia last year.
He was described as a 'loving grandfather and pillar of the community'.
Under section 501 of the Migration Act 1958, a person's visa may be refused or cancelled if they are considered to 'not be of good character'.
The Federal Government has cracked down on visa holders since 2014, with 4,500 visas cancelled under the character provisions.
The Department of Home Affairs targeted Degning for failing to declare a criminal history on a series of passenger cards in the 2000s.
In his judgement summary, Chief Justice James Allsop said the department had not made its point clear and failed to give Degning an opportunity to respond.
The Department of Home Affairs has been ordered to pay Mr Degning's legal costs.
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