Immigration Minister Scott Morrison says he has no authority to intervene in the case of a Vietnamese man forced to leave Australia following his brutal bashing by Melbourne neo-Nazis.
In 2012, Minh Duong was left with severe injuries after suffering an attack at the hands of two neo-Nazis in Melbourne.
The ABC reports Mr Duong was punched and kicked by the men 70 times, and bashed with a brick over his head with such force it split the brick in two.
He was forced to leave the country last week after breaching his student visa, which expired in March 2013.
A petition has been sent to Mr Morrison's office calling on the minister to allow the Vietnamese national to return to receive medical treatment.
However, Mr Morrison says he has no jurisdiction over the matter.
"I do not have the discretionary powers implied through media reports on this issue," he said in a statement on Friday.
"To suggest that I have chosen not to intervene is incorrect and misrepresents the situation."
Mr Duong claims the department advised him he is not allowed to return to Australia for three years, despite being informed his visa did not expire until March 2014.
Mr Morrison said his office is investigating why Mr Duong received an email specifying a different time.
He said the immigration department has not received an application to intervene in the case, or any decision of the Migration Review Tribunal presented to it, but it would assist Mr Duong in making an application.
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