Head of immigration Clare Sharp told the committee that her department was “under a duty” to remove an illegal non-citizen.
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“If there is a removal pathway available and there is no ongoing visa matter, then our duty under the law is to remove them as soon as reasonably practicable,” Sharp said.
Adding they needed “engagement with state law enforcement” to ensure an illegal non-citizen could obtain a criminal justice visa to remain in the country.
The Office of the Director of Public Prosecutions said last month that Australian Border Force was notified about Singh’s active charges and court proceedings in June 2023, two years before he was allowed to depart Australia.
Chandler questioned officials whether it should “be incumbent on Home Affairs” to check with law enforcement regarding any required criminal visa.
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“When an accused child sex offender has been allowed to leave this country unchecked by the department in charge of our national security, I don’t think we can draw any other conclusion than the fact that there has been a complete failure on behalf of that department,” Chandler said.
The alleged victim’s parents spoke to A Current Affair last month about their devastation over the breakdown in communication between departments, which they believe has “fallen down at every step”.
“How can immigration make a decision on somebody that is on a rape charge? How do they get to walk out of this country free?” said the girl’s mother.
Her father adding that he didn’t understand “how the whole system could fail a four-year-old little girl”.
Singh’s trial at the Maroochydore District Court remains on hold.
At the latest hearing, Judge Glen Cash issued a bench warrant for Singh’s arrest which would require extradition from Fiji.
A Queensland Police Service spokesperson said as a result of that warrant, it is “currently undertaking proceedings to initiate an extradition in consultation with the Director of Public Prosecutions”.
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