Lead

An elderly British man who served a prison sentence for sexually abusing his nine-year-old step-granddaughter has had his Australian visa reinstated by the Administrative Review Tribunal (ART), a decision that has prompted calls from the victim's family for the Immigration Minister to override it.

The man, identified in reports as Edward James Kilbey, 83, was sentenced to 14 months in prison in 2024 for the abuse, which occurred in Perth between 2016 and 2017. His visa was automatically cancelled under Australian law, but the ART reinstated it in September last year, finding that his close ties to Australia and serious health issues outweighed the need to protect the community.

Coverage Comparison

The story has been covered by multiple Australian and international outlets, including the ABC and The Guardian, with consistent reporting on the core facts: the conviction, the tribunal's decision, and the minister's power to review.

All sources agree on the key details: Kilbey was convicted of aggravated indecent dealing with a child under 13, and the tribunal's deputy president, Simone Burford, acknowledged the offending was "undoubtedly very serious" but noted the man's advanced age, health conditions, and decades-long residence in Australia.

Where sources diverge is in emphasis. One ABC report focuses on the government's potential review, noting the Department of Home Affairs is preparing a brief to consider re-cancelling the visa. Another ABC article gives prominence to the victim's personal letter to the minister, describing her as "begging" for deportation. The Guardian's coverage takes a more critical tone, highlighting the tribunal's reasoning and the community's expectations.

Key Claims

The following claims have been reported by multiple sources:
  • Conviction and sentence: Kilbey was jailed for 14 months for sexually abusing a nine-year-old girl. This is confirmed by all sources.
  • Visa reinstatement: The ART reinstated his permanent resident visa, despite the automatic cancellation, citing his strong ties to Australia and ill health. Reports from ABC and The Guardian are consistent.
  • Ministerial power: Home Affairs Minister Tony Burke has the authority to review the visa decision and could potentially cancel it again. This is noted across all reporting.
  • Department action: The Department of Home Affairs is reportedly preparing a brief to consider re-cancelling the visa, as per ABC reporting.
Additional details, reported by a single source and not yet independently verified, include:
  • Kilbey was acquitted on charges involving another child at the same trial.
  • The victim's family was not notified of his release from immigration detention.
  • Kilbey is registered on the Australian National Child Offender Register.
  • He was banned from Gymnastics Australia after attending an event where children were present.

Perspectives

The victim's perspective is central to the story. In a letter to Minister Burke, the victim, identified by the pseudonym "Rose," described the lasting trauma and her shattered faith in the justice system. Her family has publicly called for deportation, arguing that the tribunal's decision undermines community safety.

The tribunal's perspective, as articulated by Deputy President Burford, acknowledges the seriousness of the offending but weighs it against factors such as the man's age, health, and lack of ties to the UK. Her decision noted that "the Australian community would expect his visa to remain cancelled," but that these other factors prevailed.

The government's position remains under development. Minister Burke's office has not commented publicly, but the ABC reports that a brief is being prepared to consider re-cancelling the visa, indicating that the government may not accept the tribunal's decision as final.