Under-fire immigration minister Andrew Giles in new row over his role in freed detainee - who allegedly murdered a man just weeks after he was released

Embattled Immigration Minister Andrew Giles is facing a new controversy after issuing an order which saw a man walk free from detention only to allegedly commit murder weeks later.

Emmanuel Saki, 29, who arrived from Sudan with his family aged 12, was charged with murder after the stabbing death of Bosco Minyurano, 22, on May 12.

Just weeks earlier, Saki was released from immigration detention following a successful appeal to the Administrative Appeals Tribunal.

Acting on orders from Mr Giles issued in January 2023, AAT deputy president Stephen Boyle reversed a decision from 2019 which stripped Mr Saki of his visa.

Mr Giles' direction compels decision-makers to take into consideration whether a non-citizen who commits a crime has spent his formative years in Australia.

Embattled Immigration Minister Andrew Giles is facing a new controversy after issuing an order which saw a man walk free from detention only to allegedly commit murder weeks later

Embattled Immigration Minister Andrew Giles is facing a new controversy after issuing an order which saw a man walk free from detention only to allegedly commit murder weeks later

Bosco Minyurano (pictured) was allegedly stabbed to death at a park in Brisbane earlier this month

Bosco Minyurano (pictured) was allegedly stabbed to death at a park in Brisbane earlier this month

In this case, given Saki arrived in Australia as a child, the tribunal determined he had 'considerable' ties to Australia which were enough to reverse the cancellation of his visa.

'The Minister accepted… that considerable weight should be given to the fact that the Applicant has been ordinarily resident in Australia during and since his formative years and accepted that this primary consideration weighs in the Applicant's favour,' Mr Boyle wrote, according to The Australian.

'I agree that that is the case.'

Police will allege in court that Saki stabbed Mr Minyurano in a park on Mortimer Rd at Acacia Ridge, in Brisbane's south shortly after midnight on Mother's Day.

The pair were allegedly known to each other.

His visa was initially cancelled after he failed the character test, prompted by several violent attacks which resulted in jail time in 2017 and 2018.

Emmanuel Saki was released from WA's Yongah Hill immigration detention centre (pictured) in April, only to be charged with murder weeks latter

Emmanuel Saki was released from WA's Yongah Hill immigration detention centre (pictured) in April, only to be charged with murder weeks latter

Emmanuel Saki has been charged with murder over the alleged stabbing in Acacia Ridge (scene pictured)

Emmanuel Saki has been charged with murder over the alleged stabbing in Acacia Ridge (scene pictured)

He had been convicted of choking a person unconscious, assault occasionally actual bodily harm and assault. 

Mr Giles is openly sympathetic to the plight of refugees, having acted as a solicitor representing 433 asylum seekers trying to get to Australian territory aboard the Norwegian freighter MV Tampa In 2001.

And he has repeatedly been singled out by the Coalition as the weakest link in the Albanese ministry over his handling of the disastrous High Court decision to free 149 asylum seeker detainees into the community. 

But he's had several small wins of late which has eased the pressure on him, namely the ASF17 High Court win earlier this month.

The High Court ruled against a bisexual Iranian man who is refusing to be deported from Australia, in a landmark judgement which could have freed almost 200 more detainees. 

 Mr Giles celebrated the win, quickly issuing a statement which said: 'The Government fought strongly to defend our position in the High Court in the matter of ASF17 v Commonwealth of Australia.

'We welcome today’s unanimous decision of the Court, which has found that individuals who are not cooperating with their own removal are able to remain in immigration detention until they are removed from Australia.

'Community safety continues to be our highest priority and we will continue to take all necessary steps to keep Australians as safe as possible.'