Kayn Adam Charles Wells: Man facing nazi symbol charges asks to leave country

A British national facing deportation for alleged neo-nazi offences has caused a potential federal stand-off after requesting removal from Australia.

Kayn Adam Charles Wells, 43, was arrested at Caboolture, north of Brisbane, in November following an Australian Federal Police national security investigation.

Wells was charged with displaying nazi symbols and posting harmful content on the social media site X, formerly Twitter, and granted bail.

Federal police allegedly also found several weapons “including swords bearing swastika symbology, axes and knives” in Wells’ possession

Home Affairs Minister Tony Burke cancelled Wells’ visa on December 23 and the Briton was taken into immigration detention, facing deportation.

“He came here to hate - he doesn’t get to stay,” Mr Burke told the ABC in December.

But Wells was on Wednesday caught in a tug of war between prosecutors and immigration authorities after seeking removal from Australia.

The Briton can’t be prosecuted if removed from the country.

Wells signed a Department of Home Affairs form requesting voluntary removal on Tuesday, a day before he faced Caboolture Magistrates Court.

Prosecutor Annabelle Bridgland only found out about Wells’ application an hour before court started on Wednesday, magistrate Robert Walker heard.

Ms Bridgland sought to vary bail to include the condition Wells not seek voluntary removal.

“I was informed this morning he signed a form requesting voluntary removal from Australia,” she said.

“Obviously the purpose of his bail is to keep him in Australia for the purposes of his prosecution.

“I am seeking to add a bail condition that specifies he is to abandon his request for removal.”

Home Affairs could remove Wells from Australia despite his current bail conditions banning him from international points of departure, Mr Walker said.

“There’s a bit of a tension between prosecution of defendants in immigration detention and the Department of Home Affairs and their processes for deporting people who are unlawful non-citizens,” Ms Bridgland said.

“It’s a process we just have to navigate and we don’t have any control over Home Affairs.”

Legal aid solicitor Bree-Anna Bowtell sought a four-week adjournment, saying Wells had applied for representation but she had been unable to speak to him.

“How long does it take for (removal from Australia) applications to be determined? Is it like a piece of string? It depends? “ Mr Walker said.

“The request for removal is for it to be as soon as reasonably practical,” Ms Bridgland said.

The magistrate stood the matter down until later on Wednesday to allow commonwealth prosecutors to submit a written application to vary Wells’ bail and to present supporting evidence.

Wells - wearing an orange T-shirt and sporting a beard - was returned to immigration detention.

Two of his family members were in court to support him.

Wells was arrested as police cracked down on the use of prohibited symbols to combat anti-Semitism.

Hate symbols are punishable with mandatory jail terms after federal parliament passed a series of law amendments in February following a wave of anti-Semitic attacks.

There was a renewed focus on neo-nazis following an anti-Semitic protest outside NSW parliament in November that resulted in the home affairs minister cancelling the visa of Matthew Gruter, who had come to Australia from South Africa.