Fraudster let off to help his visa chance

An illegal immigrant from Kashmir who pleaded guilty to seven counts of fraud has been spared a criminal record by a Perth magistrate who said he did not want to damage the man's chances of securing a visa.

The controversial decision by Magistrate Leighton Jones, a former Aboriginal Legal Service lawyer, means Qamar Naseeb "Steven" Khan will stand a far greater chance of being awarded a bridging visa that will allow him to work while he awaits deportation.

Khan, who failed to win refugee status in 1998 and subsequently spent five years in detention, was given a spent conviction and a $1000 fine for fraudulently obtaining a credit card and spending a total of $762.55 - including $500 at Burswood Casino.

Khan's light treatment came despite fierce opposition from the prosecuting sergeant, who said it would be "totally inappropriate" to grant a spent conviction. "He spent five years in detention centres . . . and is so determined to become an Australian citizen and stay here on a permanent basis, one would think that this would be the last thing that Mr Khan would avail himself to do," he said.

The ruling came just two weeks ago, before a Perth Muslim woman won a bid to have her 19-year-old son home in time for Ramadan celebrations when a magistrate granted the man bail with home detention.

In the Khan case, Mr Jones was told Khan had spent seven months building a false identity under the name George Prasad by providing bogus passport and identification details. He had applied for a BankWest Mastercard and had spent about $260 on petrol. Mr Jones said the offence was "extremely serious", but that a conviction might affect Khan's employment prospects and his visa application.

Khan arrived in Australia in 1998 claiming his life was in danger in India for his separatist activities in Indian Kashmir. But both the Federal Government and Refugee Review Tribunal rejected his application for refugee status. He was released in August 2003 by the Federal Court, but is considered a stateless person because India will not accept his deportation.

Defence lawyer Mark Andrews declined to comment because he said police had indicated they might appeal.

SEAN COWAN
The West Australian, 6 Nov 2005