The Administrative Review Tribunal of Australia has reversed a decision to revoke the visa of Sidarth Datt, a Fijian-born individual linked to the Comancheros Outlaw Motorcycle Gang (OMCG). This decision comes after the Department of Home Affairs canceled his visa in June 2025, citing Datt’s failure to pass the character test under Section 501(2) of the Migration Act 1958 due to his gang affiliations from January 2022.
Datt, who moved to Australia at eight years old, faced imminent deportation. During the Tribunal’s hearing on August 21, 2025, testimonies from Datt’s employer and sister emphasized his personal growth and strong character. The Tribunal’s decision, based on several mitigating factors, highlighted Datt’s deep ties to his family and the emotional hardship he would undergo if separated from them, as there was no indication that his family would be willing or able to move to Fiji with him.
The Tribunal noted that, while safeguarding the Australian community is crucial, the significant impact of deportation on Datt’s life and familial ties tipped the balance towards allowing him to remain in Australia. This ruling acknowledges that Datt’s established life and support system in Australia outweigh the perceived risks associated with his past gang associations.
As a result of this ruling, Datt will be released from immigration detention and allowed to stay in the country. This case underscores the importance of considering individual circumstances in immigration decisions, particularly when balancing public safety with personal and familial repercussions.
The decision reflects a broader narrative in legal systems that aims to acknowledge past connections while also considering rehabilitation and future potential, offering a glimpse of hope for individuals seeking to rectify their past and integrate positively into society.
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