Australia Motorcycle Club News bikie news

Ex Commanchero Club Member wins compensation for unlawful immigration detention

Insane Throttle Biker News Facebook
Follow us on Facebook and get Premiere Biker News Videos and more- Insane Throttle’s Facebook page is the go to for everything biker


A judge has found that a former bikie gang member was put in immigration detention unlawfully for almost two years but has only compensated him for 20 minutes of his time in custody.

The judgement in favour of Adelaide man Paul Burgess, 36, was handed down in the Federal Court yesterday.

Mr Burgess came to Australia from the United Kingdom as a two-year-old.

The Federal Government first stripped him of permanent residency and detained him in June 2016, as part of a nationwide push to deport serious criminals who did not hold citizenship.

Insane Throttle Biker News
Check out Insane Throttle on YouTube for more happenings in the Biker Scene from the #1 Biker Podcast Motorcycle Madhouse host James “Hollywood” Macecari

The revocation was initially based on his two-month membership of the Comancheros Motorcycle Club in 2013.

The 60-minute episode” Hell on Wheels” will tell the story behind the death of Larry Weaver and the conviction of Ronnie C. Robinson in Weaver’s murder.

Mr Burgess was convicted of robbery and common assault in 2003 and was sentenced to 15 months in prison.

Justice Anthony Besanko found Mr Burgess deserved to be detained for 615 days in two separate stints between June 2016 and September 2018 but he was put in detention — in Western Australia and Christmas Island — under the wrong section of the Migration Act.

Despite the mistake, Justice Besanko found “he could and would have been detained in any event” under the Federal Government’s policy to deport serious criminals.

Don’t forget to follow us Insane Throttle on Facebook for Video Biker News –

He was only awarded $1 compensation for his 615 days in detention but $15,000 for 20 minutes on September 16, 2016, when he was meant to be released on an appeal but never left Perth’s Yongah Hill detention centre.

Australia doesn’t want bikie gang boss Raymond Elise He’s happy to leave but is stuck in a crowded detention centre threatened by Covid-19

It only took then-immigration minister Peter Dutton that short time to decide to cancel Mr Burgess’s visa again and put him officially back in detention on grounds including a conviction for driving dangerously.

Detainee’s rights not considered

Despite Mr Burgess’s release being anticipated on September 16, 2016, Justice Besanko said “no arrangements were made” for his release from detention and “no contact was made” with the Yongah Hill centre once the court orders were made “because he was not going to be released pending a second decision by the minister”.

“… The respondent (the Commonwealth) intentionally, or at least recklessly, acted in disregard of the applicant’s rights.”

Mr Burgess’s lawyer, Mitch Simmons, said compensation was not the goal of the lawsuit, but to show that the immigration department had a policy of being slow to release detainees who won appeals but quick to follow ministers’ decisions, such as to cancel visas.

The mayor of Sturgis South Dakota says the best way to ensure a record breaking crowd at the annual motorcycle rally there is to tell bikers they can’t rally.

Justice Besanko said: “There is no evidence of such a policy in this case.”

Still, Mr Simmons counted it as a win.

“The damages were never the key focus,” he added.

“It was how these people are treated and the correct interpretation of the act.”

He said he hoped the decision would change how the department treated detainees.

Mr Burgess still in detention

Acting Immigration Minister Alan Tudge has been contacted for comment.

He has the right to appeal the decision.

George Christie the former president of the California Hell’s Angels Ventura chapter is back in Almeria filming ‘Marked-The Unforgiven,’

Mr Burgess lost his fourth Federal Court appeal to stay in Australia last August.

He is currently in a Victorian immigration detention centre seeking ministerial intervention to be allowed to stay in Australia with his fiancee and his son.

He was refused special leave to appeal to the High Court.

Motorcycle Madhouse
Listen to the #1 Biker Radio Podcast! Shock Jock Podcaster James “Hollywood” Macecari is your host. Daily episodes on all the major platforms. Free to listen so get on over and get your Madhouse on
%d bloggers like this: