THE Federal Court has paved
the way for exiled Geelong Bandido bikie Daniel Roach to
return to Australia by quashing the Immigration Minister’s
decision to cancel his visa.
Roach can now apply again for
a five-year resident return visa, which the Minister must
determine “according to law”.
Justice Melissa Perry has not
yet ruled on whether the Federal Government will have to pay for
Roach’s more than year-long legal bills.
UK-citizen Mr Roach had
applied for a new visa and was in Thailand training in mixed
martial arts when the Minister exercised his discretion to
refuse the application on character grounds without giving
notice on May 3, 2015.
appealed to the Minister
and on June 29 he
again found Mr Roach did not pass the character test.
Mr Roach has lived in
Australia since he was 17 years old, has two children and a
long-term defacto partner.
Late Friday Justice Perry
overturned the Minister’s decision because he failed to consider
the level of risk Mr Roach posed to the community.