A UK national jailed for molesting a nine-year-old girl has had his visa reinstated by a tribunal due to his “ill health” and “strong ties” to Australia.
WARNING: This article includes details some readers may find distressing.
Edward James Kilbey was sentenced to 14 months in prison in 2024 for sexually abusing the girl in the presence of another young child.
The 83-year-old, who lives in Perth, successfully appealed the automatic cancellation of his permanent visa at the Administrative Review Tribunal (ART) last year.
The decision was made under Ministerial Direction 110 — a rule introduced by the government to toughen the visa cancellation appeals process, after the old direction allowed dozens of serious criminals to avoid deportation.
It has prompted calls from the young victim’s family for Immigration Minister Tony Burke to overhaul the decision.
“You held or pinned her down,” Perth District Court Judge Felicity Zempilas said at his sentencing hearing.
“This conduct was not fleeting and involved a degree of force or coercion by you towards her.”
Kilbey successfully appealed the automatic cancellation of his permanent visa. (Supplied)
Kilbey told the ART — responsible for reviewing the government’s visa cancellation decisions – that he did not remember molesting his victim but accepted the court’s findings.
ART documents obtained by the ABC showed he contended that he had strong ties to Australia and did “not represent an unacceptable risk to the Australian community”.
Kilbey did not raise concerns regarding returning to the UK other than separation from family and friends and the difficulty he would face resettling due to his health issues.
ART deputy president Simone Burford acknowledged Kilbey’s offending was “undoubtably very serious”.
Kilbey’s abuse occurred between 2016 and 2017. (Supplied)
“The Australian community would expect his visa would remain cancelled,” she said in her decision.
“Weighed against this he has very strong ties to this country and faces significant impediments if removed, including due to his advanced age and ill health.”
Ms Burford said the tribunal was “satisfied” that the latter factors “outweighed” the former.
Families ‘horrified’ by decision
Kilbey, who has lived in Australia for several decades, had also been charged in relation to the sexual abuse of a young boy, but was acquitted by a jury.
The mother of that boy, Linda*, said she and the young girl’s families were both “horrified” to learn Kilbey had avoided deportation.
Linda says Kilbey has been given priority over victims of child sex abuse. (Supplied )
“[We were] completely let down, completely betrayed,” she told the ABC.
“His needs were put before the victim’s, before the community … why are we giving priority to an abuser over Australian child victims of sexual abuse?”
Linda wrote to Mr Burke on three occasions, pleading he deport Kilbey “in the public interest”.
The Department of Home Affairs responded to Linda earlier this year on behalf of the immigration minister, advising that his personal powers were “non-compellable”.
Linda wrote to the immigration minister three times pleading for Kilbey to be deported. (Supplied )
“That is, the ministers are not required to exercise their power,” the letter said.
“Further, what is in the public interest is a matter for the ministers to determine.
“I appreciate this is not the response you were hoping for … I can assure you that your correspondence has been noted.”
When contacted by the ABC, Mr Kilbey said: “Well I’ve got my visa back, so it’s all good.”
Direction 110 made to protect community
In 2024, the ART replaced the Administrative Appeals Tribunal (AAT) as the body that reviewed decisions by government agencies in relation to issues like immigration.
It followed the federal government coming under significant pressure when it was revealed a ministerial direction — a guideline used by the tribunal — allowed several foreign nationals convicted of serious crimes to escape deportation.
Then-immigration minister Andrew Giles introduced a new set of guidelines — Ministerial Direction 110 — which placed the protection of the Australian community as the highest priority in decision-making.
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“It is clear the [tribunal] has made a number of decisions independently of government that do not reflect the government’s intent or meet community expectations,” he said at the time.
“Ministerial Direction 110 is an important step in ensuring that our migration system works in our national interest, and visa decisions are in line with common sense and the safety of Australians.”
The ABC has contacted Mr Burke’s office.
*Linda’s name has been changed for this article to protect her and her son’s identities.