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Australian Visas Canceled for Two Foreign Nationals Amid Charges and Protest Attendance

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Two foreign nationals, a South African and a British citizen, have had their Australian visas canceled in separate incidents. Matthew Gruter, a South African national, had his visa revoked after attending a protest in Sydney. Kayn Adam Charles Wells, a 43-year-old British national, faces visa cancellation and deportation proceedings following his arrest and charges related to displaying Nazi symbols and promoting pro-Nazi ideology on social media. These actions occur within the context of Australia's recently strengthened hate crime legislation, which includes mandatory jail terms for the display of certain symbols.

South African National's Visa Canceled Following Protest Attendance

Matthew Gruter, a South African national, had his Australian visa canceled following his attendance at a protest outside the New South Wales Parliament on November 8. The event was organized by the National Socialist Network and involved approximately 60 individuals dressed in black, displaying a banner that read "Abolish the Jewish lobby." Participants reportedly chanted "blood and honour," a slogan associated with the Hitler Youth. Mr. Gruter is reported by the Sydney Morning Herald to hold a senior position within the National Socialist Network in New South Wales. The rally lasted less than 20 minutes and was legally authorized.

Mr. Gruter, a civil engineer, had moved to Australia with his wife in 2022. Home Affairs Minister Tony Burke confirmed the visa cancellation, stating, "If you are on a visa, you are a guest... if a guest turns up to show hatred and wreck the household, they can be told it's time to go home." Mr. Gruter retains the right to appeal his visa revocation.

British National's Visa Canceled Amid Charges for Prohibited Symbols and Social Media Activity

Kayn Adam Charles Wells, a 43-year-old British national residing in Queensland, has had his visa canceled and is facing deportation proceedings. He was arrested in Caboolture in November following a national security investigation by the Australian Federal Police (AFP).

Allegations and Investigation Details
Authorities allege that Mr. Wells used a social media account, specifically the platform X, to post the Nazi swastika, promote pro-Nazi ideology, and call for violence targeting the Jewish community. Police initiated an investigation in October due to these alleged posts. After his initial account was blocked, he reportedly created a new account under a similar name and continued to post content that police deemed offensive and harmful.

During the investigation, AFP officers reportedly seized several items from Mr. Wells' residence, including axes, knives, and swords featuring swastika symbology.

Visa Cancellation and Legal Proceedings
On December 23, Home Affairs Minister Tony Burke canceled Mr. Wells' visa. Following this, he was taken into immigration detention in Brisbane, where he remains. Minister Burke commented that individuals on an Australian visa are considered guests, stating, "He came here to hate - he doesn't get to stay."

Mr. Wells faces charges related to displaying Nazi symbols and posting content deemed harmful. He was initially released on bail. A court appearance is scheduled for January.

Voluntary Removal Request and Procedural Conflict
On Tuesday, prior to a scheduled court appearance, Mr. Wells submitted a form to the Department of Home Affairs requesting voluntary removal from Australia. This request initiated a procedural conflict, as his removal from the country would prevent his prosecution on the current charges.

During court proceedings on Wednesday, Prosecutor Annabelle Bridgland informed Magistrate Robert Walker of Mr. Wells' application an hour before the session. Ms. Bridgland sought to amend Mr. Wells' bail conditions to explicitly prohibit him from seeking voluntary removal, arguing that bail was intended to ensure his presence in Australia for prosecution. Magistrate Walker acknowledged a "tension" between prosecuting individuals in immigration detention and the Department of Home Affairs' procedures for deporting non-citizens. Legal aid solicitor Bree-Anna Bowtell requested a four-week adjournment for consultation with Mr. Wells. The magistrate adjourned the matter until later the same day to allow Commonwealth prosecutors to submit a written application for the variation of bail conditions. Mr. Wells was then returned to immigration detention.

Mr. Wells retains the right to appeal his visa revocation. Police are reportedly evaluating whether to postpone his deportation to allow for his scheduled court appearance.

Legislative Context and Government Stance

These visa cancellations occur within a period of increased enforcement by Australian authorities regarding the display of prohibited symbols. Earlier this year, Australia enacted stricter hate crime legislation, which includes mandatory jail terms for displaying certain symbols or performing a Nazi salute. This legislative context is observed concurrently with reported rises in antisemitism and right-wing extremism.