FLLB and Minister for Immigration, Citizenship, and Multicultural Affairs (Migration)

This matter concerned an application for review of a decision to refuse to grant the Applicant a Protection (Subclass 866) visa. The central dispute revolved around whether the Applicant met the criterion in section 36(1C)(b) of the *Migration Act 1958* (Cth), which requires that an applicant for a protection visa not be a danger to the Australian community. The Applicant's history of repeated violent offending, including family violence, was a significant factor in the assessment of this criterion. The case was heard in the Federal Circuit and Family Court of Australia.

The court was required to determine whether the Applicant had been convicted of a particularly serious crime by a final judgment and, more broadly, whether he posed a danger to the Australian community. This assessment was to be conducted by considering only matters relevant to the question of danger, without balancing those considerations against the consequences of the Applicant's removal to his country of origin.

The court's reasoning focused on the Applicant's extensive and repeated criminal offending, which demonstrated a disregard for the administration of justice. Despite numerous lenient sentences, some involving supervision and support, the Applicant continued to offend. The court noted that periods of imprisonment and family alienation had not deterred his anti-social behaviour, and even after his visa cancellation, he exhibited aggressive conduct in immigration detention. While acknowledging the Applicant's engagement in counselling and anger management, the court found that further rehabilitative work was necessary, given his displayed attitudes and beliefs. These included a tendency to blame others, a superficial acceptance of responsibility, and a lack of full moral accountability for his actions, particularly in relation to intoxication. The court concluded that the Applicant lacked the maturity and judgment to avoid future offending and was therefore a danger to the Australian community.