From the Queensland Sunday Mail 4th December 2010
A New Zealand man who is serving a jail sentence for raping a Brisbane woman will be able to stay in Australia when he is released from prison, after winning an appeal. The Administrative Appeals Tribunal has overturned the Minister for Immigration and Citizenship's cancellation of Leighton Ormsby's visa. Ormsby, 30, came to Australia in 2006 on a special category visa for New Zealanders, which was cancelled in September, eight months after his plea of guilty and conviction in Brisbane District court for rape.
On a night in January 2008, Ormsby struck up a friendship with a group of people while drinking in Brisbane nightclubs and after going to one of their homes he raped a woman who was sleeping there. Ormsby went into the woman's bedroom and started having intercourse with her until she woke up and pushed him off her. He left the house and was arrested later that day. Ormsby pleaded guilty and was sentenced to five years' jail, with parole eligibility after 21 months.
The tribunal heard the rape was committed when Ormsby was heavily intoxicated and he has been undertaking sexual offenders' and alcohol and drug programs while in prison. The Minister has a right to cancel a visa if a person does not pass a character test, having been sentenced to more than 12 months' imprisonment, thus having a "substantial criminal record". Tribunal Deputy President Hack SC said he believed there was a low risk that Ormsby, who had only one previous New Zealand criminal conviction for drink driving, would reoffend.
Mr Hack took into account the fact that Ormsby had no immediate family in Australia, but also noted that he had been in stable and regular employment in Australia before he was jailed. "The matter is finely balanced," Mr Hack said. But because he felt Ormsby was at low risk of reoffending and therefore protection of the Australian community was not warranted, his visa should not be cancelled. Mr Hack warned Ormsby that the decision could be reconsidered if he were to reoffend.
Date of Birth
Rape of a Brisbane woman in January 2008
Sentenced to 5 years with a 21 month non-parole period in December 2010
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