A British national convicted of sexually abusing a nine-year-old girl has had his permanent visa reinstated by an Australian tribunal, following its automatic cancellation after his conviction.
The Administrative Review Tribunal (ART) opted to overturn the cancellation based on the man’s “ill health” and his “strong ties” to Australia.
When approached by ABC for comments, Edward James Kilbey expressed satisfaction with the reinstatement of his visa, stating, “Well I’ve got my visa back, so it’s all good,” despite the victim’s family advocating for a reversal of the tribunal’s decision.
The 83-year-old, who resides in Perth, received a 14-month prison sentence in 2024 for the sexual abuse of the young girl, which occurred in the presence of another child.
Kilbey successfully appealed the automatic visa cancellation at the ART last year. This decision was made under Ministerial Direction 110, a regulation enacted by the government to strengthen the visa cancellation appeals process after the previous guidelines allowed numerous serious offenders to escape deportation.
The young victim’s family has urged Immigration Minister Tony Burke to reconsider the tribunal’s ruling. Judge Felicity Zempilas of the Perth District Court highlighted the severity of Kilbey’s actions during the sentencing, stating, “This conduct was not fleeting and involved a degree of force or coercion by you towards her.”
During the review process, Kilbey claimed he did not recall the incident but accepted the court’s ruling. He argued that he had established significant connections to Australia and posed “no unacceptable risk” to the community. He did not express concerns about returning to the UK, apart from the potential separation from family and friends and the challenges he might face due to his health.
ART deputy president Simone Burford recognized the serious nature of Kilbey’s offenses but noted that his strong ties to Australia, along with his age and health issues, were significant factors in the tribunal’s decision. “The Australian community would expect his visa to remain cancelled,” she remarked, but ultimately concluded that his personal circumstances outweighed the reasons for cancellation.
Families affected by Kilbey’s actions expressed their dismay at the decision. Linda*, the mother of another child he was charged with abusing but was acquitted, conveyed feelings of betrayal from the judicial system. She stated, “[We were] completely let down, completely betrayed,” criticizing the prioritization of Kilbey’s needs over those of victims and the broader community.
Linda has reached out to Minister Burke multiple times, urging him to take action to deport Kilbey “in the public interest.” However, the Department of Home Affairs responded that the minister’s powers are “non-compellable,” meaning he is not obligated to act on such requests. The response acknowledged her concerns but clarified that the determination of public interest is up to the ministers.
Following the reinstatement of Kilbey’s visa, he reiterated his satisfaction with the outcome, stating, “Well I’ve got my visa back, so it’s all good.”
Ministerial Direction 110 was introduced to enhance community safety by providing clearer guidelines on visa cancellations. The ART replaced the Administrative Appeals Tribunal (AAT) in 2024 to address concerns about previous guidelines that permitted some serious offenders to evade deportation.
Former Immigration Minister Andrew Giles emphasized that the new directive aims to ensure that non-citizens with histories of family or sexual violence are deported, reflecting the government’s commitment to the safety of Australians. He acknowledged the tribunal’s past decisions as misaligned with government intentions and community expectations.
The ABC has reached out to Minister Burke’s office for further comment.
*Linda’s name has been changed to protect her and her son’s identity.
