Nat Barr loses out to Anthony Albanese’s government after immigration detainee who raped girl walks free

Sunrise presenter Natalie Barr has called out Anthony Albanese’s government after it lifted ankle monitors and curfews for four ex-offenders, including a convicted rapist.

The Cuban man, better known as XTVC, was thrown behind bars after raping a 19-year-old girl at a party in 2009. The Australian reports this.

He was sentenced to four years in prison with a non-parole period of two years and six months, and was placed in immigration detention after his release in 2015.

The man was unable to return to Cuba because of a documentary he made about the plight of his people, which led to him being considered a counter-revolutionary.

Four years later, XVC was charged with causing harm to a government official while detained in a Western Australian immigration center.

He was sentenced to 10 months in prison and was detained again upon his release in 2020.

Following the landmark Supreme Court ruling last November, XTVC was released under strict conditions, including ankle monitoring and a curfew from 10pm to 6am.

However, on February 7, the control conditions were revoked and the convicted rapist was allowed to walk free for the first time since 2009.

Barr demanded to know why the rapist was not closely monitored when she confronted Home Secretary Clare O’Neil on Wednesday morning.

“Can you please explain to us how this rapist, who was given a two-year prison sentence for raping a 19-year-old girl at a party, is now free, without ankle monitor monitoring and without a curfew?” she asked Secretary O’Neil on Wednesday.

Ms O’Neil said the Community Protection Board provided advice for every detainee released following a High Court decision last November and that following that advice was “the legally safest way for us to manage those decisions”.

“This is an expert group of former police officers, law enforcement officers, criminologists and psychologists who work to advise the government on what protections should be provided for each individual,” she said.

Barr demanded to know whether the government was bound by the advisory or could have intervened and kept an ankle monitor on the convicted rapist.

Ms O’Neil dodged the question, saying: ‘I can’t comment on the individual cases.’

“So you could have maintained control and said, we are the government, we don’t think that is a good idea given the circumstances of this man and what he has done?” she said.

“Australia is watching this morning and thinking: wait a minute. Australians are trying to find out what the hell is going on.”

Ms O’Neil, her government, had come up with alternative ways to protect Australians, including a $255 million investment in police and border forces.

“If I could bring that detention system back, I absolutely would,” she said.

“But the High Court has made a decision and the government must follow the law, just like every other Australian.”

The Supreme Court ruled last November that indefinite detention was unlawful, leading to the release of 148 detainees.

Some of the group had serious criminal convictions, including for murder and rape, while others faced less serious charges.

They were all behind bars before being placed in immigration detention and subjected to ankle monitors and a curfew.

Several have since been arrested for violating visa rules.

But they avoided conviction due to a “technical issue” with the way their visas were issued, which has since been resolved.

Opposition spokesman Dan Tehan pressed the minister to answer why the visa issue was not addressed earlier.

In response, Mr Giles said the issue dates back to 2013 and had existed for almost a decade under the former coalition government.

Labor faces a new immigration challenge

It comes as Labor faces another High Court challenge as an Iranian citizen known as ASF17 makes a legal bid for freedom.

The Albanian government has tried to send him back to Iran, but as a bisexual man he could face the death penalty if he returns.

Iran is the only country Australia is trying to send him to, even though he is willing to go to another country, his lawyers said in written submissions to the court.

If the ruling is extended to people detained indefinitely who refuse to cooperate with Australian authorities, the Iranian man would be freed and more immigrants could be freed.

Immigration Minister Andrew Giles was asked about the issue during Question Time on Monday.

Individuals who have not cooperated in their removal should be forced out of Australia as a matter of priority and remain in immigration detention during the process, he said.

“We will vigorously defend this position before the Supreme Court,” Mr Giles said.

If the Commonwealth wins the case, the government will be able to block further releases from immigration detention.