The Australian Immigration Department has rejected reports it is powerless to deport an African man convicted of offering two girls drugs for sex

Herald Sun:

Ally Abdallah Salum offered two girls, aged 14 and 15, marijuana and ecstasy if they agreed to have sex with him in September 2004.

The 45-year-old was convicted in January of inciting a person under 16 to commit an indecent act and harassing and intimidating a school student.

He gave one girl cigarettes and asked her for phone numbers and names before threatening to rape her, as he chatted to them through the fence of their Ashfield schoolyard.

Salum, of Tanzania, was sentenced to 250 hours community service.

An immigration department spokesman categorically rejected reports he would remain in Australia because the department was powerless to deport him.

Salum's original claim for refugee status was rejected by the department four years ago, and again by the refugee Review Tribunal, the spokesman said.

He was currently appealing to the Federal Court, and was effectively still an African resident, not a refugee.

The immigration department was therefore not able to act against him at this point, the spokesman said.

"The suggestion that we're powerless is wrong, the suggestion that he's a refugee is absolutely wrong," he said.

"We would be in contempt of the Federal Court if we were to precipitously act to deport him."

However, once Salum's appeals were exhausted, and if his character was considered questionable, his removal could be considered.

"The migration act does provide for the department or the minister to remove from Australia any non-citizen whose conduct or criminal behaviour is such that they are of poor character, and as such do not qualify for a visa to remain in Australia," he said.

"The 12 months minimum jail term is but one test, it is not the only test for character."

Migrant sham