A DiDi rideshare driver accused of raping a teenage girl in his vehicle is only in Australia after a decision to refuse his visa application was recently overturned.

Mongolian national Amarbayasgalan Yondonlodoi, 50, remains in custody over the alleged mid-trip incident on Tuesday morning.

The teen passenger, 17,  was on her way to work when Yondonlodoi allegedly pulled over his vehicle in North Sydney and climbed into the rear of the car to sexually assault her.

He was charged with taking or detaining a person with intent to obtain advantage, cause actual bodily harm, and aggravated sexual assault – deprive liberty.

It has since been revealed that the Department of Home Affairs previously rejected a joint student visa application from Yondonlodoi, 50, his wife and another relative.

According to court documents, his wife was listed on the visa application as the primary applicant, with Yondonlodoi as the second applicant.

The application was refused by a Home Affairs delegate who did not deem Yondonlodoi’s wife to be a genuine applicant for entry and stay as a student.

The family lodged an appeal with the Administrative Review Tribunal, which earlier this year overturned the department’s original ruling and ordered the joint visa application be reconsidered.

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DiDi rideshare driver Amarbayasgalan Yondonlodoi, 50, was arrested on Wednesday, a day after he allegedly raped a teenage girl in his vehicle

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The Mongolian national was only in Australia because a Home Affairs decision to refuse his visa application was recently overturned

The ART was satisfied that the primary applicant was a genuine applicant for entry and stay under the Subclass 500 (Student) visa.

‘As the tribunal is remitting the application of the primary applicant, it is appropriate that the visa applications of the second-named and third-named applicants, who are seeking to satisfy the secondary criteria for the visa on the basis of being a member of her family unit, also have their applications remitted for consideration of the remaining visa criterion,’ the ruling stated.

An ART spokesperson said the tribunal considered each case on its merits.

‘In conducting its review, the tribunal takes a fresh look at the facts, and takes into account any new information, and submissions of the applicants and the minister when applying the relevant law and policy,’ they told The Daily Telegraph.

The case has renewed calls from the Opposition Coalition for the Albanese government to review its migration and visa procedures.

‘If a visa is cancelled because someone should clearly not be in this country, a tribunal should not be routinely overturning such decisions,’ Opposition Home Affairs spokesman Jonno Duniam said.

‘The Albanese government need to be fully transparent about the circumstances of this case, and the reasons why the ART (a body they created) thought it was appropriate for this individual to remain in Australia.’

Police arrested Yondonlodoi on Wednesday after he dropped off a passenger at Sydney International Airport.

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Amarbayasgalan Yondonlodoi was charged with taking or detaining a person with intent to obtain advantage, cause actual bodily harm, and aggravated sex assault – deprive liberty

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‘The Albanese government need to be fully transparent about the circumstances of this case, and the reasons why the ART thought it was appropriate for this individual to remain in Australia,’ Shadow Home Affairs Minister Jonno Duniam said

He remains in custody and will reappear in court on July 30.

DiDi suspended Yondonlodoi from the platform as soon as it became aware of the alleged attack.

‘The safety of the entire ridesharing community is always our top priority,’ DiDi said.

‘All passengers should feel safe and respected during their trip, and we will continue our mission to maximise the safety of our platform for the wellbeing of our passengers.

‘We will continue to work with law enforcement and the regulator in their continued investigations, and provide support to the passenger where needed.’

SOURCE: https://www.dailymail.com/news/article-15879145/Didi-alleged-rape-visa-Amarbayasgalan-Yondonlodoi.html