In a controversial ruling that has stirred public debate in Australia, an Indian-origin man found guilty of sexually assaulting multiple women at a Melbourne nightclub has been spared deportation. The decision by an Australian tribunal hinges on the potential impact on the offender's young daughter, despite a court order preventing him from seeing her.
The Offences and Initial Legal Proceedings
David Arokiaraj Maria Anthony Rayan, a 35-year-old former IT professional, pleaded guilty to 17 counts of sexual assault and one count of attempted sexual assault. The incidents occurred on three separate nights in 2023 – September 23, October 14, and October 21 – at a nightclub in the Prahran suburb of Melbourne. He targeted a total of 18 women.
Initially, Rayan denied the charges, claiming any contact was accidental. However, CCTV footage presented in court clearly showed him deliberately targeting women who were accompanied by other men. His defence attorney later argued that Rayan was "craving social interaction" following the breakdown of his marriage.
Despite the gravity and number of offences, County Court Judge Peter Rozen determined Rayan posed a "low risk" and deemed his actions "out of character." Consequently, Rayan was not sentenced to jail. Instead, he received a two-year community corrections order, lost his IT job, and was later subjected to a visa cancellation by Australian authorities in September.
The Tribunal's Shocking Decision to Block Deportation
Rayan appealed the decision to cancel his visa, leading to a review by the Administrative Review Tribunal. In a move that has shocked the Australian community, the tribunal ruled in his favour, preventing his deportation to India.
The tribunal cited two primary reasons for its decision. First, it argued that deporting Rayan would cause significant hardship for his three-year-old daughter, who is an Australian citizen. Second, it claimed his mental health would suffer if he were deported. This reasoning stands despite the existence of an intervention order that legally prohibits Rayan from having any contact with the child. Furthermore, a psychological report submitted during proceedings confirmed that Rayan does not suffer from any diagnosed mental illness.
Current Status and Public Reaction
As a result of the tribunal's ruling, David Arokiaraj Maria Anthony Rayan will remain in Australia. He currently works as a driver. The case has ignited intense discussion regarding the balance between punitive justice, administrative law, and the rights of victims versus the family circumstances of offenders.
The outcome is particularly striking because the offender avoided jail time for 17 sexual assaults and has now also avoided the consequence of deportation, a step often taken by authorities against non-citizens convicted of serious crimes. The Australian public and legal observers are closely scrutinising the precedent this case may set for future immigration and judicial decisions involving serious criminal conduct.
