A Sri Lankan man who caused a tragic car crash that killed his mother and young daughter will not be deported from Australia, after a tribunal accepted his promise not to harm his ex-wife again.
It is reported by news.com.au that Tharanga Ehalape-Gamage, 42, had his five-year resident return visa cancelled following his conviction for two charges of dangerous driving causing death and one charge of causing serious injury. In April 2019, he veered onto the wrong side of the road while driving in Victoria, leading to a crash that claimed the lives of his five-year-old daughter and 70-year-old mother. He was jailed for three years in 2022.
The visa cancellation, automatically triggered under the Migration Act due to his prison sentence of more than 12 months, was appealed.
Daily Mail reports that on Monday, Administrative Review Tribunal member John Rau SC overturned the cancellation.
“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,” Mr Rau said, adding that he was taking Ehalape-Gamage “at his word.”
As per media reports, Ehalape-Gamage, who first arrived in Australia with his then-wife in 2012, has a history of domestic violence. Court records detailed multiple assaults on his ex-wife, including dragging her by the hair and repeatedly punching her, as well as attacking her in the bathroom, leaving her with a bloodied nose and impaired vision.
Despite this, his ex-wife submitted a letter to the tribunal expressing support for reconciliation, and Ehalape-Gamage intends to live with her and their son in Adelaide.
Mr Rau acknowledged the severity of both the fatal crash and the family violence, describing the latter as “far more problematic.” He said that while there remains a moderate risk of future violence, Ehalape-Gamage has shown insight into his past behaviour and a desire to act constructively towards his family.
Home Affairs Minister Tony Burke issued a statement to Daily Mail saying a brief was being prepared for ministerial reconsideration of the case, noting the government’s firm stance on visa holders with histories of domestic violence.
The Immigration Minister retains the power to intervene and reinstate the original visa cancellation decision.
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