Queensland Police are “undertaking proceedings” to begin the extradition process of an accused child rapist allowed to leave Australia whilst awaiting trial.
A Home Affairs decision allowing Fijian national Arvind Ajay Singh to leave Australia unexpectedly has been described as “a complete failure” by Liberal Senator Claire Chandler, who raised the bureaucratic bungle in Senate estimates this week.
Singh, 39, was charged with one count of rape of a four-year-old girl he was caring for at a Queensland childcare centre in 2022.
The case dragged out for three years with Singh yet to face trial when Australian Border Force placed him in hotel detention as an illegal non-citizen.
He was then allowed to fly out of Australia as a free man in July.
Chandler attempted to get answers from Home Affairs officials at the Legal and Constitutional Affairs Legislation Committee but they declined to discuss the specific case.
“It’s incredibly disappointing when the Department of Home Affairs shows up to Senate estimates and isn’t able to answer questions about such an important case,” Chandler said.
Singh’s visa was cancelled soon after he was charged in May 2022.
His passport had been surrendered to police as part of bail conditions, restricting him from trying to leave Australia or even enter an airport terminal or seaport without prior approval by police or the DPP.
Head of Immigration Clare Sharp told the committee that her department was “under a duty” to remove an illegal non-citizen.
“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 asked officials whether it should “be incumbent on Home Affairs” to check with law enforcement regarding any required criminal visa.
“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 on a rape charge? How do they get to walk out of this country free?” the girl’s mother said.
The girl’s father said 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”.
