Posts Tagged ‘visa’

New Zealand man jailed for raping Melbourne woman after failed bid to deport him

By Emma Younger

Updated 7 Jun 2017, 3:24pm

A New Zealand-born man has been jailed for raping a woman in her Melbourne home two years after the Immigration Department tried to have him deported over his violent criminal history.

Carl Stafford broke into the 53-year-old woman’s St Kilda apartment and subjected her to a 45-minute attack in which she was raped, taunted and mocked.

The 42-year-old was sentenced to 10 years’ jail over the August 2015 attack, which took place two years after the Administrative Appeals Tribunal (AAT) overturned the cancellation of his visa.

An Immigration Department official had tried to have Stafford deported in 2013, by which time he had accumulated a lengthy and violent criminal history that began when he was a teenager.

But the AAT overturned the decision, despite finding he “does pose a risk that the Australian community deserves to be protected from”.

Rapist’s mother used home as brothel

In his 2013 ruling, a senior member of the AAT, John Handley, said Stafford had arrived in Australia as a three-year-old and it was virtually the only country he had ever known.

“He has no friends or family in New Zealand to offer support and all those close to him reside in Australia,” he said.

“In addition to his substance abuse, the applicant suffers from mental illness for which he needs ongoing treatment and support.”

Stafford moved to Australia with his sex worker mother, who used his childhood home as a brothel.

Mr Handley found welfare agencies had failed to intervene, something which could have prevented his life of drug abuse and crime.

“Much of his offending was impulsive and connected with his poor mental health,” Mr Handley said.

“The Australian community should bear some responsibility for the absence of intervention and should not, in my view, dismiss the applicant by returning him to his place of birth.”

‘I’ve been watching you’, Stafford told victim

The Victorian County Court heard Stafford had smoked ice in the hours before he broke into the woman’s home and was intending to steal.

Stafford has had a methamphetamine addiction since he was a teenager.

The woman woke up to hear her attacker at about 2:00am, and yelled out to him.

The court was told Stafford raped the woman in an opportunistic and prolonged attack in which he told her: “I know you live by yourself, I’ve been watching you.”

It took the woman about 45 minutes to escape her home and flag down a taxi driver for help.

Police arrested Stafford as he tried to leave the woman’s home with her mobile phone.

He initially denied breaking in or attacking his victim, but eventually pleaded guilty to three counts of rape and one charge of aggravated burglary.

The court was told Stafford’s victim had lost all sense of security.

Poor prospects of rehabilitation

Judge David Brookes said Stafford’s prospects of rehabilitation were dependant on him abstaining from drugs and remaining on medication for schizophrenia.

In allowing him to stay in Australia in 2013, Mr Handley said Stafford would face “considerable difficulty” fighting the cancellation of his visa if he committed further crimes.

During the review, Stafford had told him: “I know this is the last chance, I’m too old to keep offending.”

“If I can stay, I will not let you down,” Stafford told Mr Handley.

Stafford will be eligible for parole in seven years.

The AAT said it did not comment on individual cases.






Abela – Ivan - Photo

Australia wants to deport Maltese ‘sex predator’

Maltese sex offender has visa cancelled • Australia liaising with Maltese authorities ‘to progress his removal’

Matthew Vella
31 July 2014, 1:38pm
Victims of a convicted sex offender in Australia – Ivan Abela – are asking that he is deported back to Malta after his visa was cancelled as a result of his offences.

Abela was the subject of a Channel 9 News investigation, which claimed that he had unsupervised access to children during his detention in Maribyrnong facility.

He is currently in detention for breaching parole conditions after spending over five years in jail for raping his partner and her 12-year-old daughter back in 2003.

Abela was found guilty of rape and two counts of attempted incest. He served five years and nine months, but on his release he moved in with a single mother, and breached parole conditions not to have contact with children.

He was remanded in detention at the Maribyrnong facility.

In a statement from the minister of immigration, the Australian government said it was trying to remove Abela from the country.

The minister takes very seriously the government’s role in protecting the Australian community from unacceptable risk of harm from criminal or other serious conduct by non-citizens.

“This person’s visa was cancelled as a result of his offences, and he will be removed from the country as soon as possible.”

The immigration ministry said it was liaising with the Maltese authorities “to progress his removal from Australia.”

“Placement decisions are made based on individual circumstances and operational considerations. The safety and welfare of all detainees – and the good order of facilities – is the priority.”

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The state’s Serious Offenders Review Council has advised the State Parole Authority not to release Whiteoak. He is entitled to reapply for parole on September 25 2018.



Yorkshire-born Whiteoak has been refused parole because his native England isn’t ready to accept him back.

His case will go back before the parole authority on August 15.



The State Parole Authority intends to release vicious killer & rapist Whiteoak on parole. He could be freed within weeks.



The Serious Offenders Review Council has recommended that Whiteoak be reclassified to the lowest minimum security level of C3. He can apply for unsupervised day leave.



The Serious Offenders Review Council is reconsidering reducing the 65-year-old’s prison classification so he can qualify for unsupervised leave — despite the fact his visa has been cancelled and he will be deported to his native Yorkshire if he is ever paroled.

What a load of Brit: UK-born killer Barry Whiteoak wins ‘racist’ compensation case

April 24, 2014 12:00AM

A CONVICTED murderer and rapist has won damages after a tribunal found he was racially discriminated against in jail — because he is British.

Taxpayers funded the six-year marathon which cost up to $100,000 and prompted a NSW Legal Aid review of similar foreign-born cases that are pending.

Barry Whiteoak’s victory after he was stripped of prison perks like opportunities for day release for being a British “lawful non-citizen” won him $500 in compensation which will go straight to the Victims Support Fund for victims of crime.

Whiteoak, 66, has been ­behind bars since 1983 when he stabbed and strangled nurse Noreen Hannon in September 1983of that year.

At the time he forced himself into the 25-year-old nurse’s flat he was already on parole for a 1980 rape, a crime he committed while on parole for indecently assaulting a woman at knifepoint in 1978, seven years after he arrived from the UK.

Ms Hannon’s then-boyfriend, Michael Maher, said yesterday “the whole thing is crazy”.

“It is an absolute disgrace when people who have genuine cases can’t get Legal Aid but these guys can,” Mr Maher said.

“He is a serial rapist and murderer who should have no rights in prison, never mind the right to bring this case and we have had to pay for it.”

NSW Legal Aid boss Bill Grant said: yesterday pledged to review similar cases on his books. “We will be reviewing the utility of cases like this to see if they are appropriate ways of spending scarce Legal Aid resources.” CEO Mr Grant said.

It is understood that Legal Aid initially funded the case ­because it involved “a fundamental legal principle” but the loophole had been closed even before the case got into a tribunal.

Whiteoak ’s life sentence for murdering Ms Hannon was redetermined to a minimum of 15 years in 1994. He had been refused bail a number of times until in August, 2008, the Department of Immigration cancelled his permanent residency visa, ­ensuring his deportation back to his native Yorkshire.

Whiteoak launched his ­racial discrimination case in December, 2008, after Corrective Services imposed a blanket ban on lawful non-citizens like himself being classified a C3, which allows them to apply for day and work release and other perks.

“It is discrimination because the policy decisions are treating me differently to what an Australian citizen is treated,’’ Whiteoak told the Administrative Decisions Tribunal.

He argued the decision to cancel his permanent residency was “based solely on the fact I am a British subject in jail and not my offensive behaviour’’.

The convicted killer asked the tribunal to “use all the powers available … to persuade and or force the Corrective Services to change (my) classification back.’’

After a number of hearings, the Civil and Administrative Tribunal, which now incorporates the ADT, ruled this month that Corrective Services had racially discriminated against him under the Anti-Discrimination Act.


EVERY time Yorkshireman Barry Whiteoak has been freed from an Australian jail he has claimed a new victim.

He arrived as a 20-year-old and, by the age of 27, was behind bars for an indecent assault at knifepoint in which he told his victim: “It would be easy to carve you up.”

He was convicted and jailed for a non-parole period of nine months. He raped his next victim while on parole for the indecent assault.

Jailing him for 18 months, the judge described him as “an inadequate, lonely socially inept man’’.

By the time he was ­released from jail on parole for that rape, young nurse Noreen Hannon had arrived from Ireland on a working adventure in Sydney.

She was attacked as she returned to her Parramatta flat on September 25, 1983, stabbed, strangled and her naked body left in the lift.

Whiteoak pleaded his innocence but he was convicted of her murder and jailed for life.

When he came before the Supreme Court in 1994 under new laws that meant all life sentences had to be redetermined, Justice Peter McInerney said he had considered refusing the application.


July 8, 1948 Barry Whiteoak born Yorkshire, England.

1971 Arrived in Australia from Yorkshire, England as a tradesman after completing a five-year apprenticeship in the aircraft division of Rolls Royce.

May 1978 Convicted of indecent assault at knifepoint, jailed for three years hard labour, nine months non-parole period.

August 1980 On parole, he raped another woman. Convicted by a jury and jailed for 18 months hard labour.

September 1983 Stabbed and strangled nurse Noreen Hannon.

July 1984 Again Pleaded not guilty but was convicted of murder and sentenced to life in jail.

December 1994 Life sentence redetermined at minimum 15 years with maximum term of life. Justice Peter McInerney said he had been told “ominously” by the Serious Offenders Review Board that “there is no doubt that, given the right circumstances occurring, (Whiteoak) is capable of considerable violence”.

September 1998 Whiteoak eligible for parole.

April 2003 Due to be released but public and political pressure kept him behind bars.

August 2008 Department of Immigration cancelled his permanent residency visa. Whiteoak claims decision was “strongly racist”.

November 2008 Administrative Decisions Tribunal rules in the case of Columbian cocaine smuggler Carlos Contreras-Ortiz. Jailed for 15 years imprisonment in April 1998 with a non parole period of 11 years, the ADT found he had been racially discriminated against by the Department of Corrective Services by refusing to consider him for day leave and work release and other “services”.

December 15, 2008 Corrective Services implemented a blanket policy that prevented illegal non-citizens like Whiteoak from being classified the lowest security clearance, of C3 which would allow them to apply for access to day or work release. They must remain a higher C1 classification.

December 23, 2008 Whiteoak lodged complaint of racial discrimination with Anti-Discrimination Board.

2009 Ortiz finished sentence. Deported.

2012 The Administrative Decisions Tribunal ruled there was “substance’’ in Whiteoak’s claims and dismissed an application by the State of NSW to throw the case out.

April 2014 The new Civil and Administrative Tribunal rules Whiteoak was racially discriminated against.


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