A Zambian man will be allowed to stay in Australia after a second bid to have him deported was denied by the High Court.
Likumbo Makasa entered Australia on a student visa in 2001 before being granted permanent residence in 2004
Makasa, a father who is now in his thirties, was first threatened with deportation after being convicted of three counts of having sexual intercourse with a person aged between 14 and 16 in 2006 when he was aged 22.
But immigration authorities’ bid to cancel Makasa’s visa failed on appeal when the Administrative Appeals Tribunal (AAT) in 2013 ruled it would not be in his children’s best interests to have him deported.
Four years later, Makasa was back before a NSW court in 2017 on charges including drink driving.
Makasa was convicted of breaching his reporting obligations by failing to disclose he downloaded a social media app to communicate with his daughter and was fined $300.
He was also fined $1200 for drink driving and disqualified from driving for 12 months.
Immigration authorities threatened to cancel his permanent residence visa a second time, arguing that Makasa failed the character test because of the 2009 sentence and the additional 2017 convictions.
The High Court found that while the immigration minister can re-exercise the power to cancel the visa if “subsequent events or further information provide a different factual basis”, the original order to allow Makasa to stay in Australia was final.
The decision of a delegate of the minister or AAT not to cancel a visa “on the basis of facts giving rise to a reasonable suspicion that a visa holder does not pass the character test is final,” the court said in reasons published on Wednesday.
“Neither the Minister nor the delegate can rely on subsequent events or further information simply to re-exercise the discretion to cancel the visa at the second stage of the decision-making process.”
The Department of Home Affairs has been contacted for comment.
If a country like Australia doesn’t want you then you have serious problems ….please keep this shameless chap there we dont need him in Zambia.
He is notorious and a disgrace. We all make mistakes but if you’re not ready to learn and change character for the better, then your days are numbered, They’re fed up with him already. Just deport it and give it a stand to sell tomatoes at Kamwala market.
Tarino you do not speak for us. You spend all day insulting our government and country. Yet today you want to claim to be zambian? You are not Zambian and are in the same shoes as this unfortunate young man.
We as government would rather he came back voluntarily so that he gets the moral support here which he is lacking there. This is a common theme for diasporans. Most of them go abroad before knowing their history and culture. They become lost over there and commit crimes. This boy needs zambian re education. His fellow diasporans there would have turned their backs on him. Diaspora lady do you know this boy
I am sure this boy is a upnd diasporan. Another one who lacks morals and discipline is Larry mweetwa. When these indisciplineed boys go abroad they get excited at the first site of whlte women and they end up sleeping with the wrong people. This is one reason I am against allowing diasporans to vote. Better they come to Zambia so that we vet them.
Let him stay there. It is a beautiful country.
Yes he made a mistake for which he has been punished. A lot of natives make this same mistake. And they are still there.
You must remember that his country of origin is full of drunkards.
Even their president is no stranger to the brown bottle.
That is why there are no sober decisions made regarding running the country.
I would also fight tooth and nail than go back to Lungu’s Zambia…. Rotten
Jonny it is typical for upnd diasporans like you to fight to stay in countries that don’t want you . You are seen as monkey there and an inconvenience. Yet interestingly you base your dislike for this government due to your tribalism. We know that you claim to only return when a Tonga is president. Good luck waiting for that to happen you a55h0le
He should learn to be in his good behavior… He knows had issues but he continues to misbehave… Shame
@ Kaizar Zulu, I’ve never heard of him in the Zambian circles. He could be one of those Zambian’s that hide from fellow Zambians because he’s not doing anything tangible with his life. Most Zambians here are professionals with good corporate jobs but we still have a few like this chap who are lost and doing nothing but fronting the courts. What a shame!!!
The man is a troubled soul…
Looks like the born again KZ was only doing it for the weekend when he thought he can doup vaunrable Zambians like lungu does, with a bible ready in his back pocket……..
Before we castigate live abroad as a student and also as an adult. Compare the cultural differences before you label the young man. In Zambia 99% of those who consume alcohol and are fortunate enough to drive are breaking the law by drink driving, many men are sleeping with underage girls because of the poverty these girls find themselves in and yet you are so quick to judge him??
Yes he is wrong in so many ways but as Zambians can we learn to stand bu our own even in their darkest ours. Too many ba kaselela kwakaba pa zed
I am sorry I don’t respond to UK based impostors or attention seeking Internet trolls!! # N3z the coon
Kaizer Zulu sure, your first comment was nice & fatherly. Something I have not seen in you on this forum. I almost believed you were a caring man. Now your follow up comments have gone kumbi. And am lost.
@Fake Kaizar Zulu who us in the UK, quote “…This is one reason I am against allowing diasporans to vote.“… and yet you support your Lungu allowing criminals and murderers in prison to vote. What kind of stnpid logic is this? You know for a fact that 99.9% of the Diasporas would never vote for your corrupt Supreme Leader Lungu… that’s why.
What you have just read there is a classic example of a functioning society of laws where the courts and judges are independent from ministers and political interference… you wished the failed project called Zambia was like this where cops and ministers can just get orders from Sunday Chanda and kick out those they don’t like on the whim.
Fake Kaizar Zulu, what you have just read there is a classic example of a functioning society of laws where the courts and judges are independent from ministers and political interference… you wished the failed project called Zambia was like this where cops and ministers can just get orders from Sunday Chanda and kick out those they don’t like on the whim.
Pontas – To you maybe having 3 counts of sexual intercourse with minors and drink driving is classified as the norm in Zambia but abroad its a very serious offence I have seen wealthy footballers put away for years even in Zambia you can be put away longer for Defilement of child under the age of 17 years. Its clear this chap has not finished with accumulating his rap sheet.
How many PF ministers committed those such crimes just this weekend?
KZ you and ur stup1d boss are azzholes who have cased a lot of Zambians out of the country due to poverty, Chi colour Lungu and u peace sh1t KZ have destroyed a good country due to I competence, thieving and just plain being dull, who would want to deal with w@nkers like you… C@unt
KZ you and ur stup1d boss are azzholes who have cased a lot of Zambians out of the country due to poverty, Chi colour Lungu and u peace sh1t KZ have destroyed a good country due to I competence, thieving and just plain being dull, who would want to deal with w@nkers like you… C@unt… Fight on my boy you go to Zambia u will regret… It’s not a country any more with these Pathetic Foools in charge
His such a nuisance
This boy is a disgrace. I always tells young black men, that there are 2 mistakes you can’t afford to make in your life especially living in the western world, being in the criminal justice system or mental health system, big mistakes
Three counts as in they had sex three times before they were discovered probably not that he went around having sex with three different under age girls. Have you seen how mature some 16 year olds look these days. I lived in England before as a student and dated a white girl when I was 20 and she was 17. Her parents actually encouraged me to spend nights at their home knowing all to well what we got up to at night. That said do you know the circumstances in which he met her in?
And do you know the law even here in Zambia has been amended to allow for the defense were if in the moment the girl looked to be of the legal age when met her he has the possibility of being let free.
This boy is a disgrace, I always tell young black men not to do 2 things in their life especially living in western world, not to end up in the criminal justice system or mental health system, silly boy
Ponta – Dont be silly you stand in the dock and say that to a Judge in an English court let’s see where it will get you will be hit hard with jail time just pray its not a female judge…ex 23 year old Bradford footballer Tyrell Robinson was jailed currently for 6 years for having sex, taking photos and grooming some 14 year old girls in 2018. You type into Google Adam Johnson he is another footballer….there are countless African boys with professional jobs who have been hit hard and lost everything the worked hard for.
….recently for 6 years…….
I accept that my language in my second comment has fallen short of the standards expected of me. For that I apologise to all bloggers. I am human too and err sometimes. Emotions can get the best of us when we are discussing things that we hold dear. I am passionate about my country and sometimes I am pushed to react this year by unpatriotic evil elements. I still stand with my view though
Tarino I and others don’t need you to respond. All I need you to do is read what I am saying because I know it affects you. The fact that you respond although not substantively means I have achieved my goal.
The man is being harrased for trivial offences. It’s worth noting that he was charged for having a sexual relationship at a prohibited age when you could also class him as a minor too. How many of you village people in Zambia boast about starting these things in your early 9 and 10’s? Anyone can be convicted for drink driving including some hypocrites on here so don’t judge the young man based on limited information. Some of these countries love to twist such stories to justify their targets of removing foreigners in their countries to meet the overall hidden racist agendas.
Please don’t give airtime to crap. U live kwana bene and u behave foolishly
I know my uncle Kaizer Zulu as useless former clinical officier from Chawama compound. Like his friend Lungu, they are now stealing and swimming together in millions of dollars. Not in kwachas.
Due to présence of such mentally sick people as my uncle Kaizer Zulu, no wonder that there are now a large number of diasporas. Let Kenneth Kaunda return. corrupt characters can learn a lesson.
Chaps busy fornicating, adultery left right and center etc yet you all going around trying to always castigate the mistakes of other.
The judgement is there for you to read. Man is walking free so if the learned judge saw it fit for him to remain where is who are all you lay men to state it otherwise. Hope it eats you up everyday ???.
Get productive maybe, stop crying over your failed relationships and you not having achieve in life what you hoped you would but instead you opted for drinking and all your sexual activities.
Bring him back pa home ground
In short he is a defiler.. We don’t want him here… Just keep him right there in Australia ?
Nosiku Kabwe
Lumbani Chituta Eish …
Iwe ka ted how are you ? Haha I see you are a clown. I don’t have any relatives in diaspora. Stop lying.
But why behave like that after being pardoned
Hang on there brother home ain’t home no more ?
???
This boy is no poor village boy -to get a student visa you need bucks this was not a scholarship, you will see on other websites in Australia he had sex with a 14 yr Sudanese girl and there was a court order not to see his daughter due to his Family violice order which he got a app to do. What people must understand is when you are in a foreign country you must accept the local laws regardless of what Zambian laws are. i am willing to bet he will continue to commit crimes and be back in Zambia within the next few years, in the mean time its give Zambians a bad name in Australia.
There is nothing wrong with opting to live abroad…that in itself does not earn you the tag of a failure….the skills set one might have acquired might translate into you working in a certain environment that requires those skills…the person in issue got permanent residency so he was not a student or visitors visa…and the court was right to rule that the state could not know seek to ‘revisit’ his status based on offences committed before the PR was issued…so he is an Aussie for all purposes and intent infact he can fly in and out at will without the need for a visa like others….its easy to mock ones failings but its better to look at ones surroundings even as you do that…
Francis you got a few facts wrong here, first in Australia if you finish a degree in Australia and get a job offer in that field you get Perm Residence.
You are not a citizen that takes 4 yrs if you wish to apply after PR, which he did not, as only people with Perm residence or other visa’s can get deported. You also need to update your Perm. Res visa every 5 yrs.if he doesn’t he can fly out but not return
if he is smart he should apply for Citizenship then he can never get deported, however to get Citizenship you must show to be in good charitors and at the moment he has not, all he has to do is clean up his act and follow the rules .simple
Summary of Case:
“Likumbo Makasa, Tyrone Chishimba and Mumbi Peter Mulenga were co-defendants. The three men, all Zambian nationals, were wrongly convicted in 2009 of aggravated sexual assault for having sex at a party with a 15-year-old girl in Sydney, Australia. The jury rejected the men’s defense that the girl, who had been drinking, consented. The three men were sentenced to three years in prison. On appeal the NSW Court of Criminal Appeal quashed their convictions on October 8, 2010 on the basis there was insufficient evidence that the girl did not consent, thus barring their retrial. The men were released after serving about a year of their sentences.”
Conviction Caused By:
Unreliable eyewitness identification by the victim.
Innocence Proved By:
“The NSW Court of…