“(The daughter) shouted at you to stop, but you continued regardless…wherever (Tina Margach) moved, you kept putting in the knife; and you kept putting it in until (Tina) stopped moving,’’ Justice Nettle said while sentencing Paul Jason Margach to a 17 years term of imprisonment for Murdering his wife in the most horrondous of ways in front of his daughter.
Paul Jason Margach an Englishman served 15 years of his 17 years sentence, upon his release had his Class BB, Subclass 155 Five Year Resident Return visa (RR visa) was cancelled under s 501(3A) of the Migration Act 1958 (Migration Act), and taken into immigration detention.
But he has been given his visa back by Peter Dutton’s AAT, due to his strong Christian beliefs it would seem.
The AAT was established by the Administrative Appeals Tribunal Act 1975 and commenced operations on 1 July 1976.The AAT has jurisdiction to review a number of decisions made under Commonwealth legislation, including in the areas of taxation, immigration, social security, industrial law, corporations and bankruptcy.
Now AAT is an extension of the LNP party, a private LNP employment company. It’s not an independent Tribunal anymore as it used to be, before the LNP government came in to power in 2013. I wrote about it in some detail on how Dutton has destroyed the Independence of the AAT in my last Blog: ‘Dutton’s Secret Drug Cartel Connection: The William Betham Case’.
Peter Dutton like any other dictator has manged to destroy the many independent democratic organs of Australia, AAT being a prime example, AAT in its current form is indistinguishable in its actions & decisions from that of the LNP stalwarts.
Scott Morrison, Tony Abbott, Peter Dutton & the many other LNP leaders have publicly made their Strong Christian Beliefs known, albeit the Christian Beliefs being their own version of Christianity. Further LNP’s hatred of women, people of colour, Muslims, people with disabilities, pretty much anyone who is not White, Rich & Christian is common knowledge, and Scott Morrison was not even afraid to express it on the International Women’s day remarking:
“We want to see women rise. But we don’t want to see women rise only on the basis of others doing worse.”
Wife Killer Paul Jason Margach
Mr.Margach’s eight-year-old daughter described her dad’s “scary face” as she found him standing in front of her bleeding mother with a knife.
She told police she tried to help her mother in the minutes before she died, putting cold water on her face and placing a towel on her wounds.
“I started just rubbing her on the head and that, like if she could feel it,” she said.
Yet the cold blooded wife killer showed no remorse & pleaded Not Guilty, & even tried to use the defence that his wife has in fact “provoked” him by taunting him that she slept with another man.
18 July 2008 following an appeal and retrial he was again convicted of Murder & sentenced to the same jail sentence of 17 years.
Paul Margach stabbed his wife to death 10 or 11 times, inflicting more than 20 separate injuries, with a kitchen knife at their Ascot Vale home on October 15, 2004.
Margach and Minister for Home Affairs (Migration)  AATA 353 (5 March 2019)
Yet somehow such was the confidence of this wife killer that he would get his visa back, that in his AAT appeal which was heard before Deputy President S A Forgie, the wife killer didn’t felt the need to invest in a Counsel or a Lawyer. What was even more bizarre, was Peter Dutton who usually sends in a heavy team of Mercenary Silks to make a case for him be it emergency medical transfer of kids, or any other case involving one of his undesirables in the AAT. Peter Dutton in this case sent some low level soliciter “Jamie Grant” just to complete the formality.
This Wife Killer had automatically failed the Character Test, by virtue of being sentenced to 12 months or more in prison as defined in the s501 of the Migration act, the fact the way he killed his wife, I doubt he would have passed any other country’s character test.
But yet somehow Deputy President S A Forgie of AAT made a decision that this Cold Blooded Wife Killer should be allowed to remain in Australia.
It would be easy & understandable for an outsider reading DP Forgie’s decision to get lost in all the legal mumbo jumbo, section this, section that…blah blah..yarra yarra…but then aha here is the reason at paragraph 42:
“Sister Mary O’Shannassy, SGS, OAM, JP is the Director of Catholic Prison Ministry Victoria. At the time she wrote an open letter, she was the Senior Catholic Chaplain with Corrections Victoria, Department of Justice and Regulation (DOJR). Sister O’Shannassy wrote that she had first met Mr Margach in 2004 when he had been very unwell. He subsequently spent much of his time in the Psychiatric Ward at the Port Phillip Prison.”
The Wife Killer is a Christian, and has letters of support from Sister Mary O’Shannassy, SGS, OAM, JP the Director of Catholic Prison Ministry Victoria.
Christianity seems to be enough to pass the LNP’s character test, coz you know, yeah sure you stabbed your wife like 12 times to death in front of your 8 year old daughter, & then fair enough you didn’t showed any remorse & kept on pleading not guilty for two trials, but then you know Jesus has already died for your sins so your debts are paid.
Deputy President S A Forgie seems to agree, albeit some beat around the bush legal mumbo jumbo, putting lipstick on a pig reasoning.
Paul Jason Margach an English man, has no non refoulement claims, neither is he stateless that he would have faced indefinite detention if his visa is not reinstated nor are there any negative impediments on family members if he was to be removed from Australia, he is not facing a permanent separation from his wife, well he had already brutally killed his wife & traumatized his daughter for the rest of her life, yet he passes LNP’s Character Test.
DP S A Forgie concludes her reasoning as following:
“There will be many in the Australian community who may expect that murdering his wife should lead to his automatically losing the privilege of living here but, as the Minister acknowledges, that may generally be the case but it is not always so. This is a case in which I have concluded that the protection of the Australian community does not require Mr Margach’s removal from the country. It is a case in which Mr Margach has worked hard and contributed to Australia’s automotive industry. The industry may not be what it was but his contribution is not diminished by that fact. His work ethic is not diminished as is apparent from his work during his incarceration. It would be directed to his assisting his parents to remain in their own home as their carer if he were permitted to remain in Australia. He has undertaken first aid courses with that in mind as well as courses that would assist him in maintaining their house and comfort if he were given the privilege of remaining in Australia.
Having regard to all of these matters, I have decided that the balance lies in the revocation of the cancellation of Mr Margach’s RR visa. He is not a person from whom the Australian community needs protection. There will be members of the Australian community who may regard his crime as one that should warrant his removal but his history of hard work and contribution to the Australian community through his employment and the contribution he can make to caring for his elderly parents and taking them from the pool of people for whom aged care services must be provided, counter that consideration. Overall, I have decided that the balance lies in favour of Mr Margach’s RR visa being restored to him. That is to say, I have decided that, within the meaning of s 501CA(4)(b)(ii), there is another reason why the cancellation decision should be revoked.”
For the reasons I have given, I:
(1) set aside the decision made by a delegate of the Minister on 11 December 2018 refusing under s 501CA(4) of the Migration Act 1958 to revoke the cancellation of Mr Margach’s Class BB, Subclass 155 Five Year Resident Return visa under s 501(3A); and
(2) substitute a decision that the cancellation of Mr Margach’s Class BB, Subclass 155 Five Year Resident Return visa under s 501(3A) be revoked under s 501CA(4).
The practical effect is that Mr Margach continues to hold a visa entitling him to remain in Australia.”
MY AAT EXPERIENCE
My story was published in The Guardian:
My first AAT hearing was heard in 2016 before a AAT Senior Member: Dr.Damien Cremean, a friend of LNP, appointed by the then Attorney General George Brandis.
The 2016 AAT hearing was as Biased as they come, as a matter of fact my then lawyers in their affedivits to the Federal Court wrote words to the effect that in their entire career they have never seen such a biased Tribunal Member.
The Senior Member Dr.Damien Cremean amongst other things started questioning my witnesses & friends about their party political affiliations, and then started attacking them in a derogatory way.
We appealed the 2016 AAT decision in the Federal Court, one of our grounds of appeal being that of Apprehended Bias, such was the strength of our appeal that Peter Dutton instructed his lawyers to concede the application as he didn’t wanted the matter to be made public so we won the case by consent.
Upon remittal by the Federal Court my appeal was heard by Deputy President S A Forgie. I was given a pseudonym: ‘QKVH’ by the tribunal.
This time around I was represented by a particular Julian Burnside QC & Timothy Farhall along with Leah Perkins, all of the Dutton’s “Un Australian Lawyers”. I had the privilege of my legal team not because I had a heavy pocket, but because my legal team believed in me, & that I deserved a Fair Go, they all represented me Pro Bono.
Minister was represented by a very expensive Barrister named Nick Wood & a Solicter from Sparke Helmore & by the Deputy President S A Forgie.
DP S A Forgie in her reasoning made the following remarks about me:
*Valentina (My Partner)
“QKVH is to be admired and respected for caring for his girlfriend. He has not walked away from her as many might walk away from a person who has so many needs”
“QKVH’S dedication to Valentina and her needs is very noble and honourable” (pg:17;Paragraph21)
“She is I’ll and he did not want to abandon her. He loves her” (paragraph 18; pg7)
“He put his need to be available to meet Valentina’s needs first”
It should be noted I did not automatically fail the character test as defined under s501 of the Migration Act, as I have never been sentenced to a term of imprisonment of 12 months or more, neither am I a Pedophile, Rapist, Terrorist, Bikie or a Murderer.
I was only in prison for 3 months back in 2011, which was imposed on me partly because I was defending my partner against a group of youths who had physically assaulted my partner, while we were celebrating our Anniversary being out at a cinema. The full details & my story is in the above Guardian Article.
The section the Minister placed on me is:
in the event the person were allowed to enter or to remain in Australia, there is a risk that the person would:
(i) engage in criminal conduct in Australia”
They don’t need any evidence or police charges, the Minister don’t need anything, this is straight out of that movie ‘MINORITY REPORT’ where the Oracles predict the future & the Orwellian Police State arrest the people in advance.
No Australian if they are made to sit this test, can pass this test successfully, as there is a low risk associated with every human being, you can drive out one day and break a traffic light signal.
For a peiod of almost 4 years prior to my current arbitrary detention I did not had as much as a parking ticket, yet ABF showed up to our apartment on the 05/10/16, which I had worked hard to make a home for me & my Australian partner, & in the scenes resembling that of Nazi Germany, ABF took me in immigration detention where I remain.
Meanwhile my Australian Citizen partner who has a disability, and for whom I was a carer as well, was left homeless & vulnerable, & since she has been hospitalized several times.
In my hearing to prove to the tribunal that I’m not a Risk, on top of my 4 years of incident free record prior to my current detention we called in an Independent Forensic Psychologist who gave evidence to this effect, further there was the report of my community Doctor who had been treating me since 2014, amongst other things he wrote that he is willing to put his reputation on the line when he says that I’m not a Risk, & then there were letters of support from the respectable members of public including a Senator.
But you can’t speak poetry to a swordsman, the Tribunal had already made up their mind about refusing my appeal even before my hearing started, as the Tribunal had agreed to merge into the LNP philosophy, rather than loosing their jobs.
In her reasoning DP S A Forgie wrote about me:
Having considered both the primary and other considerations as well as the object and underlying policy of the Migration Act, I have decided to affirm the decision made by a delegate of the Minister to refuse QKVH ’s application for a Partner (Temporary)(Class UK) and a Partner visa under s 501(1).
QKVH had a fine record of voluntary work before he came to Australia and he represented his school. He had a good academic record and he worked at his studies when he arrived. He continued that work when he was employed by Telstra and gave up his time to engage with donors and celebrities on its Telethon. QKVH is to be admired and respected for caring for his girlfriend. He has not walked away from her as many might walk away from a person who has so many needs.
In attending to her needs, though, he lost sight of his duties and responsibilities to the wider Australian community. He lost sight of the fact that, if we were to be her long term protector, carer and confidant and even life partner, he had first to make sure that he had his affairs in order. It was not enough to say, as he did from time to time, words to the effect that love conquers all. As much as the Australian community will look kindly upon those who are care deeply for each other, it will not do so if those persons ignore their responsibilities to the other members of the community.
QKVH had responsibilities and he chose to ignore them because he wanted to care for her and they were enjoying each other’s company. He chose that course when he did not have a permanent visa and he chose it when he had the first wake-up call when he was charged with using an unregistered motor vehicle and driving while his authorisation was suspended. His offending started there and continued as I have described. It was a course of offending that showed disregard for the law even when he had the right to work but did not. His reasons for not working centre on Valentina’s needs but QKVH made a choice about ignoring his responsibilities to the wider community. There is a real risk that he would go down the same path if he were faced with hardship and the potential for harm to members of the community outweighs his interests and those of Valentina. As hard as it is for him and for Valentina to be parted by being in different countries, I have decided that the interests of the Australian community lie in QKVH ’s not being permitted to be a member. They lie in his being refused a visa.
I have decided that the delegate’s decision to refuse to grant QKVH a Partner (Temporary) (Class UK) visa under s 501(1) of the Migration Act should be affirmed.”
This reasoning of DP S A FORGIE is irreconcilable, when she allowed the appeal of a wife killer.
What’s further noteworthy is that in late 2018 DIBP in a Departmental Initiated Ministerial Intervention request internally sent my case to Minister Coleman, which passed all the Departmental & Ministerial Guidelines, stating that while I’m practising my Judicial Review rights, I be granted a Bridging Visa or Community Detention. As the Minister has non compellable god like powers he refused to hear the advise of his own department to release me.
The Kangaroo in that AAT logo has never made more sense.
Under LNP you pass the character test if you are a Rich Drug Kingpin such as Betham able to pay $80k Bribe, or a pretend White Christian & have brutally killed your wife, whom you had taken a solemn oath to protect, but yet you stabbed her multiple times in front of your children, you pass the Character Test with flying colours as evident in the case of Mr.Paul Jason Margach.
But if you have given multiple sacrifices to protect & care for your Australian Citizen partner you are a danger to the Australian community, as is the case in my matter, taking into account the colour of my skin my Pakistani origin, & my Australian Partner who is of White Russian Heritage with a disability. Maybe the LNP don’t want mix race couples in Australia.
My partner is hospitalized again, and she is all alone by herself, while I fight the tyranny of Dutton to be reunited with her, & care for her as I promised to her.
If you think that me & my partner should be reunited, it is open to you to sign the below petition: