Highlights
- International student Vishal Jood was sentenced last month
- He was released on parole on 15 October
- Mr Jood returned to India the same day
Immigration Minister Alex Hawke made a media statement after the release of Mr Jood.
"The Australian government immediately assisted an Indian national to depart Australia on the first available flight to India. The man was an unlawful non-citizen at the time of his arrest," Minister Hawke said on 16 October.
"The Morrison government takes very seriously its responsibility to protect Australians from non-citizens who engage in criminal conduct. We will always act decisively to protect our community.
"Attempts to undermine Australia's social cohesion will not be tolerated," Mr Hawke said.
Sydney-based law firm Opal Legal, who SBS Hindi understands to represent Mr Jood, has written a letter to Immigration Minister Alex Hawke to clarify his statement.
"Our client's visa had expired and he had made no application for a bridging or permanent visa. He was not compelled to leave Australia by reason of committing any criminal offence," the letter reads.
Opal Legal reportedly emailed the letter to Minister Hawke on 18 October. Opal Legal also shared the letter with SBS Hindi.
SBS Hindi has since contacted Opal Legal explicitly asking whether the Australian government had deported their client, whether their client plans to return to Australia and if all the legal proceedings against him were over. However, SBS has not received a response.
Barrister Amendra Singh, who represented Mr Jood in court, however, told SBS Hindi that Mr Jood was not deported and he left on his own.
"Government officials drove him from the goal to the airport," Mr Singh said in a statement.
Mr Singh said Mr Jood has no plans to return to Australia and legal proceedings against him are over.
Mr Singh previously told SBS Hindi that his client had pleaded guilty to three charges. Mr Singh said that while his client’s charge of physical assault was related to a 16 September 2020 incident, the other two charges of being armed with a baseball bat and damage to a car window were from an incident on 14 February this year.
Mr Singh said his client had participated in a 'Tiranga' car rally in Sydney to show his support towards the Indian national flag on 14 February 2021.
"Later that evening, Jood, who was standing on Wigram Street, heard one of the car's occupants yelling his name. Several people came out of one of the cars," Mr Jood's defence statement claimed.
"One of them ran towards Vishal armed with a baseball bat. Vishal took the bat off him and smashed a window of the nearest car with it to scare away his attackers,'' it said.
Last month, Parramatta Court sentenced Mr Jood to one year in jail on three charges, including alleged physical assault and damaging property. He was released on parole on 15 October.
Mr Jood reportedly departed for India on the same evening.
SBS understands that local political leaders and villagers reportedly celebrated Mr Jood's return to his hometown in India's northern state of Harayana on 18 October.
SBS Hindi has written to Minister Hawke's office for his comments following the letter from Mr Jood's lawyers, but SBS Hindi is yet to receive a reply.
