An American anti-abortion advocate who had his visa to Australia cancelled has travelled to Australia and is seeking legal grounds to restrain the federal government from deporting him.
Troy Newman, also known as Troy Newman-Mariotti, had his visa cancelled on Tuesday after it emerged he had advocated the execution of abortion doctors in a book published in 2000.
“Despite having no visa to enter Australia Mr Newman-Mariotti boarded a flight and arrived in Melbourne this morning,” a spokeswoman for the immigration minister, Peter Dutton, said. “The airline faces a fine for carriage of a person who does not have a valid visa.
“Since Mr Newman-Mariotti does not hold a visa, he is unable to enter Australia and remains in the presence of Australian border force officials at the Melbourne airport pending his removal.
“An injunction was lodged in the federal court seeking to restrain the government from preventing his entry.”
But on Thursday afternoon the federal court issued a statement saying that representatives for Newman pulled out just before the hearing was due to begin.
“This matter was due to come on for urgent hearing this morning at 10.30am before Justice Jessup. However, just before the appointed time the court was advised by email that the applicant did not wish to proceed.
“There was no appearance by the applicant but the respondents representatives did appear. The matter was adjourned and no steps were taken by the court. This matter has no future listings,” the statement said.
It is unclear whether Newman’s lawyers, migration specialists Clothier, Anderson and Associates, will seek another avenue of appeal. Calls made to the firm by Guardian Australia have not been returned.
Newman had been due to start a 10-day speaking tour of Australia, backed by Right to Life Australia.
The national president of the organisation, Margaret Tighe, confirmed to Guardian Australia that Newman was in the country, but declined to answer questions on how he managed to make it in without a visa, and on what grounds he was seeking to stay.
Social media posts by Newman and his organisation, Operation Rescue, say that the anti-abortion advocate was being held by the Australian government as a “political prisoner” and that he was being denied freedom of speech.
Troy Newman's detained until deportation from Australia - may take 72 hrs. He is a political prisoner silenced by pro abort lies! #unjust
— Operation Rescue (@operationrescue) October 1, 2015
Newman Detained in Australia Pending Deportation Due to Pro-Abortion Campaign of Falsehoods http://t.co/ul0S7tXYgD #FreeTroyNewman #Unjust
— Operation Rescue (@operationrescue) October 1, 2015
It is unclear how Newman entered the country, as a previous Facebook post and footage posted on YouTube showed him being stopped at Denver airport because he did not have a valid visa for his onward flight from Los Angeles.
“Through a chain of events the Lord has allowed me to get on a plane in spite of many objections by the airlines and Australia,” Newman wrote on Facebook early on Thursday morning. “We have been in the air 11 hours and will land in about 4. Please pray that we can get past immigration so the truth can be told throughout Australia.”
It is believed that Newman took an overnight United Airlines flight from Los Angeles to Melbourne, arriving in Australia just before 7am on Thursday. Guardian Australia has contacted United Airlines for comment.
Labor backbencher Terri Butler, who wrote to Dutton asking him to reconsider Newman’s visa, said it was “disingenuous” for Newman to claim he was being silenced, given his large social media profile.
“Australia has the right to enforce our border, like any other country,” she told Guardian Australia. “If you fly to a sovereign nation without a valid visa … you have to expect the law will apply.”
Butler said the debate around abortion was not the reason Newman’s visa was cancelled, but rather his advocacy of killing doctors who performed abortions.
“This type of extremism may fly in the US, but not here in Australia,” she said.
