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An 83-Year-Old British sex offender who molested a 9-year-old girl while another child was present, had his Australian visa reinstated Pexels

An 83-year-old British national who was convicted of sexually abusing a nine-year-old child in Australia has had his permanent Australian visa reinstated by an immigration tribunal, prompting public outcry and family objections.

The Administrative Review Tribunal (ART) overturned a previous decision to cancel Edward James Kilbey's visa, which had been automatically revoked after his conviction for sexually molesting the girl.

VISA Reinstatement under Ministerial Direction 110

The 83-year-old Perth resident, who received a 14-month prison sentence in 2024 for sexually abusing the girl while another child was present, challenged the automatic cancellation of his permanent visa at last year's ART.

The tribunal concluded that the appellant's long residence in Australia, extensive personal connections and serious health problems meant he should not be deported.

Simone Burford, deputy president of the ART acknowledged that the offending was 'undoubtedly very serious,' but ruled that the combination of his age, frailty and family bonds outweighed the reasons for maintaining the cancellation.

The ruling was handed down under Ministerial Direction 110, a policy designed to tighten the visa cancellation process after earlier regulations had allowed numerous serious offenders to remain in the country.

Former immigration minister Andrew Giles who introduced Ministerial Direction 110 in 2024, said that it '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 Australian community would expect his visa would remain cancelled. 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,' Burford said of the decision, as shared by ABC News.

Family's Reaction to the Decision

Contacted by ABC after the ruling, Kilbey was quoted as saying that, 'Well I've got my visa back, so it's all good. It's all good.' His remark has angered the victim's relatives and members of the public. Relatives have urged the Immigration Minister to reconsider the tribunal's decision, arguing that public safety and the gravity of the crime should take precedence over personal circumstances when deciding residency matters.

The young girl's family expressed disbelief and distress that someone convicted of such an offence could remain in the country rather than being removed.

Kilbey was previously acquitted by a jury for charges in relation to the sexual abuse of a young boy. The young boy's mother told ABC News, '[We were] completely let down, completely betrayed. 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,' she continued.

Immigration Minister Tony Burke retains the authority to overturn tribunal decisions on public interest grounds, and some observers have called on him to use that power in this case.

Public Debate

The case has reignited debate about how Australian migration authorities balance community safety with humanitarian considerations, especially when dealing with non-citizens convicted of serious violent or sexual crimes.

Critics contend that the tribunal's choice to prioritise the offender's age and health over his offending history sets a troubling precedent, while others argue that prolonged residence and family connections should be weighed in decisions about deportation.