The family of a seven-month-old baby, who was tortured and killed by his mother's de facto husband, has called on Immigration Minister Scott Morrison to ensure the killer is deported when he is released next week.
Christopher Hoerler, 37, was sentenced to 14 years and four months following an appeal against a lesser sentence, for the manslaughter of Jordan Anderson-Smith in Wagga Wagga in 2000.
Hoerler, who was living de facto with Jordan's mother, Louise Anderson, at the time, has been granted parole and is expected to be released next Thursday.
Jordan choked on his own vomit after being beaten and tortured by Hoerler, with injuries including a lacerated liver, a torn lip, facial abrasions and broken ribs.
His toes had also been crushed by a clamp.
While Hoerler had his visa cancelled after he was convicted, and the parole board says he will be released into the custody of Immigration officials to be deported to Papua New Guinea, the family is not convinced and want assurances from the immigration minister.
The family has launched an online petition, calling on Mr Morrison to ensure Hoerler is deported when he is released on August 14. His sentence was due to expire in February 2016.
"The Smith family are extremely disappointed in the decision the parole board has made to release this convicted child killer back into the community," a statement on the petition website said.
In a statement, the State Parole Authority says in granting parole, it considered Hoerler's good prison performance and completion of programs addressing his offending behaviour.
Jordan's uncle and family spokesman, Darcy Smith, has appealed to the public to support the petition and for the minister to "step up to the plate" and ensure Hoerler is ousted.
Mr Smith believes Hoerler may appeal the deportation condition of his release because he had children in Australia and wanted to be a father to them, Fairfax newspapers say.
"He is trying to pull a rabbit out of the hat to stay in the country," Mr Smith said.
"I hope the minister is smart enough to see through that."
A spokeswoman for Mr Morrison confirmed Hoerler's visa was cancelled in 2011.
"Should the individual be released from prison he will be taken into immigration detention," the spokeswoman said.
If he has no ongoing matters with the immigration department or the judicial system, Hoerler "will be liable for removal from Australia", she added.
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