“I don’t want to say anything that might interfere with those criminal processes[but] what I can say is that over five years,successive governments sought to maintain the cancellation of this individual’s visa,” Giles said.

“The AAT made a decision to overturn it,notwithstanding the directions which put a very high priority on community safety and recognise the importance of the Australian community to domestic violence.”

Sudanese-born Saki arrived in Australia as an 11-year-old on a humanitarian visa along with his father and siblings. His visa was cancelled in 2019,the year after he was sentenced to 18 months’ jail for choking his partner unconscious in front of their infant daughter.

The AAT reinstated Saki’s visa on March 27,partly due to new rules introduced by Giles last year requiring the tribunal,in visa cancellation cases,to consider the length of time spent in Australia.

“That is the reason that this individual was allowed back into the community,” Opposition Leader Peter Dutton said.

“The AAT made that clear in the decisions that they handed down – they cited the direction 99 that had been issued by the minister.

“There’s no sense in the prime minister and Andrew Giles blaming the AAT. The AAT can only abide by the laws in front of them.

“The government watered down the character test,and it’s meant that this individual has been released back out into the community,and the allegation now is that he’s gone on to commit a murder.

“That is a very,very serious matter for the government ... to explain.”

Saki will next appear in Richlands Magistrates Court in Queensland on August 19.

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