Man freed by High Court handed jail for visa breaches
A man previously released from indefinite immigration detention in a landmark Supreme Court ruling has been jailed for dozens of breaches of his visa conditions.
Walter Bongomin, 37, pleaded guilty in the Brisbane District Court on Wednesday to an offense relating to monitoring the conditions of certain bridging visas.
The charge related to 24 incidents in which Bongomin failed to comply with his obligation to report daily to immigration authorities by telephone.
The crime led to the arrest and detention of Bongomin, who was born in Uganda, in January 2025.
The defense lawyer said Bongomin’s time in custody was equivalent to having served nearly the entire mandatory 12-month minimum sentence.
Mandatory sentencing rules allow offenders to serve part of their minimum sentence in the community rather than in custody.
Bongomin’s lawyer said, “He plans to find a job when he is released. He has a forklift ticket, white card (construction site safety course) and logistics certificates.”
Bongomin sat in the dock wearing a bright pink T-shirt and blue tracksuit pants, and her partner supported her in court.
Judge Ken Barlow heard Bongomin had a lengthy criminal record in Queensland and other states.
“You have a history of unlawful use of a motor vehicle, serious assaults on police officers and a number of assaults in 2023… It is not surprising that your visa has been canceled on character grounds,” Judge Barlow said.
Bongomin was released from immigration detention in November 2023 after the High Court ruled indefinite detention was unlawful in NZYQ v Minister of Immigration.
Judge Barlow said Bongomin’s visa monitoring breach was more serious than the other cases and would have led to a prison sentence of 14 months or more had he not pleaded guilty.
“This does not mean that you cannot demonstrate to the community during your stay in Australia that you can improve yourself, be of good character and contribute appropriately to the Australian community of which you are lucky to be a part,” Judge Barlow said.
Bongomin was sentenced to 12 months in prison, with immediate release after serving 351 days.
He was given a good behavior bond of $1,000 for 12 months.
