Afghan refugee asked three boys for sex after being released from immigration detention

An Afghan refugee who repeatedly approached boys for sex after being freed from immigration detention did not think he had done anything wrong or committed a criminal offence. 

The man, given the pseudonym FYBR, was jailed for his crimes against children then returned to a detention centre and could now be back on the streets. 

FYBR was on a list of serious offenders prepared by the Department of Home Affairs ahead of the High Court's ruling that indefinite immigration detention was unlawful.

The court's decision has seen at least 111 detainees including murderers, rapists and paedophiles let out into the community and FYBR is likely among them.

Other detainees on the same Home Affairs list along with FYBR are known to have already been set free, including a wife killer, a hitman and a child sex offender.

FYBR has spent seven years in detention - more than six years longer than he was in prison - and there is no reasonable prospect of his deportation.

The 34-year-old is a registerable person under the Child Protection (Offenders) Act, has limited English and no family or friends in this country. 

Immigration Minister Andrew Giles declined to confirm FYBR had been released or to discuss his current circumstances.

'The government does not comment on individual cases,' a government spokeswoman said.

FYBR, whose family moved from Afghanistan to Pakistan when he was three, arrived in Australia by boat in March 2013 and was detained as an unlawful non-citizen. 

He sought a protection visa and was allowed to live in the community while that application was being processed. 

Shortly before midday on September 17, 2015, FYBR approached a 16-year-old boy who was wearing a high school uniform and asked him to come to his house for sex.

When the boy declined, 26-year-old FYBR told him to 'kiss his a***', according to court documents.

That afternoon, FYBR engaged another 16-year-old boy in conversation about his personal life, including asking about his relationship status. 

Earlier that month FYBR had enticed the same teen to his house after they had spoken about motorcycles but the youth left when he got to the front door because he felt unsafe. 

At their second meeting FYBR asked the teen, who court documents state looked younger than 16, if he could find him a boyfriend and said he liked 'sucking'. 

The teen pushed FYBR away and told his mother about the incident.

Three days later, FYBR was sleeping under a tree when he woke to see a 14-year-old boy riding by on his scooter. FYBR was by then homeless.

FYBR whistled out to the boy, offering $100 if he kissed him, then asked the boy to 'suck' him. When the boy declined FYBR offered him $200.

The scared boy left but walked past FYBR later in the day when the refugee grabbed his shirt. Police saw the boy fleeing the scene and they stopped him. 

FYBR was arrested and his bridging visa was cancelled the same day he was taken into custody. 

In March the next year FYBR pleaded guilty in the local court to procuring a child for unlawful sexual activity, stalk/intimidate with the intention to cause fear, and common assault.

FYBR had told police he was attracted to younger males and if the three boys he approached had accepted his sexual advances he would have had intercourse with them.

A November 2018 judgment by the Administrative Appeals Tribunal found FYBR's attitude to his crimes was relevant when assessing his risk of further offending. 

'While admitting the offences to the police, FYBR told them that he thought he had not committed any offence and that he was within his rights to ask those young males for sex,' it said. 

FYBR was sentenced to two years' prison but successfully appealed to the NSW District Court where he was jailed for a year with a minimum term of seven months. 

At the expiration of the non-parole period FYBR was taken into immigration detention where he had been held ever since. 

FYBR applied for a safe haven visa on the basis he faced persecution due to his Hazara ethnicity and Shia Muslim religion but it was refused on the grounds he did not meet the character test. 

The Administrative Appeals Tribunal again rejected FYBR when he sought to overturn that decision.

'FYBR knows that what he did was unacceptable in Australia because of the consequences of his actions for him, but he does not understand why his actions were wrong,' it said. 

'He seemed to think that because he did not touch his victims, his conduct was acceptable. 

'The tribunal concludes from his evidence that he believed at the time of the offences that the freedom available in Australia, compared to the constraints on his behaviour in Pakistan, allowed him to request minors to satisfy his sexual desire.'

The tribunal rejected FYBR's claim he was now aware of Australian law and spent every night reading a code of conduct which had been provided to him in detention. 

'The Tribunal accepts that the nature and seriousness of the offences committed, the cumulative effect of FYBR's behaviour and the risk to the Australian community should he commit similar offences in future, supports the exercise of the discretion to refuse to grant the visa,' it said.

'The Australian community expects non-citizens to obey Australian laws. He has been convicted of serious offences, a sexual offence and three other offences against vulnerable members of the community.' 

The federal government passed emergency legislation last Thursday to increase surveillance and restrictions on the detainees who have been released. 

Among the requirements is that they wear ankle monitoring bracelets. 

The non-citizens were freed after the High Court found there was little to no prospect of them being deported as they were either stateless or no third country would accept them for resettlement.

Shadow Minister for Immigration and Citizenship Dan Tehan called on Home Affairs Minister Clare O'Neil to reveal how many detainees had been released and how many had so far been fitted with ankle bracelets.

'The Australian people deserve to know the details of the hardened criminals being released into the community and they deserve to know what the government is doing to keep them safe,' Mr Tehan told Daily Mail Australia.

'The public deserves to know how many criminals released from immigration detention are in the community unmonitored and they deserve to know if the Minister for Immigration Andrew Giles used his powers to waive the requirement for ankle bracelets.

'The more Australians learn about Labor's handling of this issue the more concerned they are.'

The government spokeswoman said security measures were in place to ensure community safety.

'Individuals who have been released as a result of the High Court’s decision have been granted bridging visas with appropriate conditions, and law enforcement agencies have been notified of their release,' she said.

'Implementation and rollout of electronic monitoring devices is continuing with activities underway this week.'