Immigration minister allows Michael McFadden, 69, to be released from detention to care of RSL

This article is more than 5 years old

This article is more than 5 years old

A 69-year-old Vietnam war veteran, Michael McFadden, will be released from immigration detention immediately after a deportation order to remove him from Australia was overturned by the minister, Peter Dutton.

“It’s a fantastic outcome that Michael McFadden is to be released into the RSL’s care. It’s just disappointing that he spent nearly two months in detention, deprived of the medical and psychological care that he needs,” the RSL veterans centre’s legal advocate, Nick Wiesener, told Guardian Australia.



RSL lobbies Peter Dutton to stop deportation of Vietnam war veteran Read more

Wiesener said McFadden would be reunited with his children and grandchildren later on Wednesday afternoon.



He was expected to spend the night with his family before spending three weeks at the St John of God psychiatric hospital in Richmond, in Sydney’s north-west.



McFadden will then be released into the care of the RSL, who will provide permanent housing for the veteran, as well as medical and psychological care.

“His family is ecstatic he is going to be released,” Wiesener said. “And he will be out in time for his 70th birthday which is this weekend.”

McFadden, who was born in Britain but has lived in Australia since he was 10, served in the Australian army during the Vietnam war as a signalman and a driver.



He believed he was an Australian citizen, but was actually the holder of a permanent resident visa which was revoked when he was sentenced to prison for a series of minor offences.



McFadden’s offending was reportedly related to the post traumatic stress disorder suffered in Vietnam, and his alcohol dependence since.



His deportation was ordered under new laws which were introduced this year, changing the criteria for removal.



Previously, people who served more than two years in jail may have had their visa cancelled. That has been changed to mandate the removal of any non-Australian citizen who serves more than 12 months in prison. The element of discretion has been removed, meaning people must have their visa cancelled.



“The change has created a significant distinction,” Wiesener said. “Where previously it was used for people convicted of serious, often violent, crimes, now people who might have been sentenced for multiple minor offences are being caught up in these laws.

“I think this case has been an unintended consequence, and the government has recognised that, in overturning the deportation order.”



The RSL would help McFadden apply for Australian citizenship as soon as possible.

“He served this country, he deserves to be a citizen of it,” he said.