A second man accused of a brutal attack on a Perth grandmother, in a case that sparked a furore over the migration system, was released from federal detention in early 2020 when Opposition Leader Peter Dutton was minister for home affairs.
The man, Seyed Younes Tahami, is accused of joining fellow asylum seeker Majid Jamshidi Doukoshkan in the aggravated assault and robbery on April 16 that left Ninette Simons, 73, suffering severe injuries that were shown in graphic images across the national media.
Tahami has been charged with aggravated assault occasioning bodily harm, aggravated robbery, aggravated home burglary, impersonating a police officer and detaining someone with intent to gain a benefit.
Federal records reveal a key government decision in January 2020 led Commonwealth authorities to release Tahami into the community after he had spent time in prison and immigration facilities, raising questions about why he was not kept in detention. There was no reason given for his release.
Court records also show that Tahami was charged with a string of offences after the Coalition government released him from detention, leading to him being fined for drug possession and driving under the influence of illicit drugs.
Dutton has slammed Labor for releasing 153 detainees into the community despite their criminal histories after a contentious High Court ruling in November ended years of indefinite detention for people who could not be deported to their home countries.
Blaming the government for being “negligent, reckless [and] hopeless” in its response to the High Court decision, Dutton has accused Prime Minister Anthony Albanese of undermining safety because convicted criminals were released into the community.
“The first charge of the prime minister of our country is to keep people safe, not to put them in harm’s way, and that’s what’s happened with Ninette,” the opposition leader said last week.
“People are right to be angry about it and upset.”
Dutton was contacted for comment.
Immigration Minister Andrew Giles, Perth grandmother Ninette Simons and Opposition Leader Peter Dutton.Credit: Wayne Taylor, Supplied, Dion Georgopoulos
The release of Tahami under a Coalition government heightens the public policy debate about who takes responsibility for crimes committed after detainees are freed.
The federal records show that Tahami was not one of the 153 people released by the current government after the High Court ruling because he was released by the previous government more than four years ago.
Tahami, who was born in Iran and is 38 years old, arrived in Australia by boat in November 2011 and was placed in detention while he sought asylum. He was released with a protection visa in December 2012.
The court records show he was charged with the intent to sell and supply methamphetamine several years after he gained refugee status, leading to a conviction in June 2018 on the drug charges as well as a separate charge for breaching bail. He served one year in prison.
In line with the treatment of other convicted criminals who are not Australian citizens, Tahami had his refugee status revoked in February 2019 and was transferred to immigration detention after his prison sentence while officials sought to deport him to his home country.
Iran does not accept people returning to the country against their will, so Tahami remained in detention.
The government released him from detention on January 12, 2020.
Dutton was the minister for home affairs when Tahami was released. The acting immigration minister was Alan Tudge, who held the position while former immigration minister David Coleman was on leave.
Department of Home Affairs records show that a delegate for the ministers made the decision, which means it did not need to be signed or personally approved by Dutton or Tudge. It is standard for decisions to be delegated to government officials.
Coalition immigration spokesman Dan Tehan criticised Labor ministers on Friday for letting officials make decisions rather than taking direct responsibility, citing how the government set up the Community Protection Board to decide on each released detainee.
The first report from the board was released on Friday and showed that 76 of the 153 released detainees were fitted with a monitoring device such as an ankle bracelet, while 68 were subject to a curfew.
The Coalition said this proved Immigration Minister Andrew Giles was not doing enough to keep the community safe.
“We know that this board makes recommendations to the minister and we know that the minister has delegated these decisions,” Tehan said.
“So the minister is doing everything he can to hide behind bodies and decision-makers rather than fronting up and owning these decisions.”
A key issue is the concern about detainees breaking the law after they are released, turning the alleged assault of Ninette Simons into a test for both major parties because Tahami was released by a Coalition government and Doukoshkan was released by a Labor government.
Records from the Perth Magistrates Court show that Tahami was charged with new offences within months of his release in early 2020, including a charge for the possession of methamphetamine in July of that year. He was fined $1,000 for this offence.
Tahami was charged with the possession of cannabis in January 2021 and again in May of that year, as well as in October 2023. He was charged in February 2023 with carrying an article with intent to cause fear, and was charged the following month with driving while under the influence of illicit drugs and with no authority to drive. He was fined for these offences.
Tahami is next due to face Joondalup Courthouse on June 10 on the charges relating to the alleged robbery of Simons and her husband, Philip. Others facing charges over the alleged home invasion are Doukoshkan and former boxer Joel Leslie Painter.
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