A Sri Lankan national with a documented history of domestic violence offences has successfully avoided deportation from Australia, following a tribunal decision that accepted his verbal commitment to refrain from future physical harm against his former spouse.
Fatal Crash and Criminal Convictions
Tharanga Ehalape-Gamage, aged 42, faced the cancellation of his five-year resident return visa after being found guilty of serious driving offences. In 2019, he dangerously veered onto the incorrect side of the road, resulting in a catastrophic collision that claimed the lives of his five-year-old daughter and his 70-year-old mother. This tragic incident also caused serious injury to others involved.
Subsequently, in 2022, Ehalape-Gamage received a three-year prison sentence for his role in the fatal crash. Under the Migration Act, his imprisonment for a term exceeding twelve months triggered the mandatory cancellation of his visa, as he failed the character test required for visa holders.
Appeal and Tribunal Decision
Ehalape-Gamage appealed the visa cancellation, leading to a review by the Administrative Review Tribunal. On Monday, tribunal member John Rau SC overturned the initial decision, permitting the immigrant to remain in Australia.
In his ruling, Mr Rau stated, 'After careful consideration, I have come to the view that it is marginally more likely that the applicant will not commit further acts of family violence.' He further explained, 'In coming to this view, I am taking him at his word.'
History of Domestic Violence
The Victorian County Court previously heard evidence detailing Ehalape-Gamage's extensive history of domestic violence incidents. Police records from 2019 describe one episode where he dragged his then-wife from bed by her hair, followed by repeated kicking and punching.
In another violent outburst, he kicked down a bathroom door and punched his wife multiple times in the face, resulting in a bloodied nose and impaired vision. Despite this pattern of abuse, his ex-wife submitted a letter of support to the tribunal, indicating the couple was working towards reconciliation.
Risk Assessment and Future Plans
Mr Rau acknowledged that while the fatal car crash necessitated the visa cancellation, the history of family violence presented 'far more problematic' concerns. He noted, 'The applicant has a significant history of family violence… this is very serious. It continued in the face of bail conditions. It only stopped with the applicant's separation and divorce from his wife.'
Despite accepting Ehalape-Gamage's assurances and considering the ex-wife's support, Mr Rau identified a 'moderate risk' of future family violence. However, he concluded, 'I accept that the applicant now has some insight into his past behaviour and its consequences. I accept that he wants to behave in a more constructive way with [his ex-wife] and [son]. I accept that his connection to [his son] is a strong motivating consideration.'
Ministerial Review and Public Response
Ehalape-Gamage intends to relocate to Adelaide to live with his ex-wife and their son. Meanwhile, Home Affairs Minister Tony Burke has indicated the government will review the tribunal's decision. In a statement, Mr Burke said, 'I've taken a very hard line on visa holders who have engaged in family domestic violence. A brief is now being prepared for this to be reconsidered by a Minister.'
The Immigration Minister retains the authority to intervene and potentially uphold the original decision to cancel the visa, suggesting this case may undergo further scrutiny at the ministerial level.
