An 83-year-old convicted paedophile has been permitted to remain in Australia after avoiding deportation under a recent legislative amendment, telling authorities he would miss his friends in the country. Edward James Kilbey, born in the United Kingdom, was found guilty in 2024 of sexually assaulting a nine-year-old girl while another child was present, receiving a 14-month prison sentence for his crimes.
Court Details and Sentencing Remarks
During sentencing at Perth District Court, Judge Felicity Zempilas emphasised the severity of Kilbey's actions, stating that the conduct was not fleeting and involved a degree of force or coercion. "You held or pinned her down," Judge Zempilas told him, underscoring the gravity of the offence. Kilbey had previously been acquitted of molesting a young boy in a separate alleged incident, but the conviction for the girl's assault led to the initial cancellation of his permanent visa.
Appeal and Tribunal Decision
Kilbey successfully appealed the visa cancellation at the Administrative Review Tribunal (ART), where he argued against deportation. He claimed not to remember sexually abusing the girl and expressed a desire to stay in Australia to remain close to family and friends. "Well, I’ve got my visa back, so it’s all good," Kilbey told the ABC following the hearing, highlighting his relief at the outcome.
ART deputy president Simone Burford acknowledged that Kilbey's offending was "undoubtedly very serious" and noted that the Australian community would expect his visa to remain cancelled. However, she weighed this against his strong ties to Australia, advanced age, and ill health, which she said would pose significant impediments if he were removed. Under Ministerial Direction 110—introduced by the Albanese government to address issues with stateless criminals—these personal factors were deemed sufficient to allow him to stay.
Government Policy and Public Outcry
The ministerial direction, implemented in 2024, aims to toughen visa cancellation and reinstatement rules to prevent serious criminals from escaping deportation. Yet, it also permits consideration of an applicant's strong connections to Australia in decision-making processes. This has sparked controversy, with families of Kilbey's young victim and his previous accuser demanding that Immigration Minister Tony Burke overhaul the law and reverse the decision.
The mother of the boy Kilbey was cleared of molesting expressed horror at his continued presence in Australia, stating, "We were completely let down, completely betrayed." She criticised the prioritisation of the abuser's needs over those of victims and the community, asking, "Why are we giving priority to an abuser over Australian child victims of sexual abuse?" Despite reaching out to Minister Burke multiple times to request deportation in the public interest, she was informed that he was not legally able to intervene, as ministerial power is discretionary.
Broader Implications and Community Safety
This case raises significant questions about balancing justice and community safety with personal circumstances in deportation matters. The Department of Home Affairs, in correspondence with the affected families, stated that what constitutes the public interest is a matter for ministers to determine, though they assured that the concerns had been noted. As debates continue, the outcome highlights the complexities of immigration law and its application to convicted criminals with deep-rooted ties to their host country.
