The United States immigration judge who rejected the asylum claims of two Rwandans resettled last year in Australia said the men posed a “danger” to the US.
It emerged last month Australia resettled Leonidas Bimenyimana and Gregoire Nyaminani - who spent 15 years in US custody after admitting to the 1999 murder of eight tourists in Uganda – in November as part the 2016 refugee deal struck by Malcolm Turnbull and Barack Obama.
The US had extradited both men to face the death penalty, but the case against them was thrown out when a court ruled their confessions were obtained under torture.
The men then applied for asylum in the US, but their applications were denied because the immigration judge did not think they had been rehabilitated.
"I made the decision that these individuals were dangerous when I denied their applications for asylum," retired judge Wayne Iskra told the ABC’s 7:30 program.
"I didn't have any evidence that either of these individuals did the killing, but they were there when the killing occurred, and therefore, they would be considered persecutor of others, and a danger."
Prime Minister Scott Morrison defended the transfer, which was not made public, saying the men had been screened by security agencies.
Retired US immigration judge Wayne Iskra Source: ABC Australia
“That included checks relating to national security, criminality, war crimes, and crimes against humanity,” he said.
“That resulted in an assessment that they did not represent a risk to security and they were cleared.”
The transfer of the Rwandan men to Australia occurred as the coalition ramped up its border security rhetoric, arguing against proposed legislation to bring sick asylum seekers to Australia for medical treatment because it would open the door to murderers and other criminals.
The passing of the medivac law in February saw Mr Morrison order the reopening of Christmas Island detention centre.
"They may be a paedophile, they may be a rapist, they may be a murderer and this bill would mean that we would just have to take them,” he said.
Treasurer Josh Frydenberg last week said the re-elected coalition government would look to repeal the medivac law.
Over 40 asylum seekers have been brought to Australia for medical treatment since the medivac bill became law, the Medical Evacuation Response Group said last week.
