The Australian Immigration Minister, Chris Evans, has used his powers of discretion to set aside a court decision and cancel the visa of a Tongan man responsible for killing Sydney policeman Glenn McEnallay.
Motekiai Taufahema, who is serving 11 years in jail for the 2002 manslaughter of Senior Constable McEnallay, will be deported as soon as possible following the completion of his sentence.
Taufahema had faced deportation on his release, but successfully appealed to the Administrative Appeals Tribunal on the grounds his seven-year-old daughter was born in Australia.
The Federal Court in April upheld the tribunal's decision, rejecting an appeal by the Department of Immigration.
But Senator Evans has now used his ministerial discretion to set aside the tribunal decision on grounds there was reasonable suspicion Taufahema failed the character test.
Senator Evans says Taufahema has been advised his visa's been cancelled and he'll be removed to Tonga on completion of his prison term.
