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

This matter concerned an application for review by GNZW, a stateless individual previously holding Iraqi citizenship, against a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse him a protection visa. GNZW had arrived in Australia on a refugee visa, which was later cancelled due to criminal offending. Following a series of judicial and administrative reviews, GNZW was found to meet the definition of a refugee, but his protection visa application was again refused on the grounds that he posed a danger to the Australian community, considering his criminal history and health conditions. GNZW was released from immigration detention following the High Court's decision in *NZYQ v Minister for Immigration, Citizenship, and Multicultural Affairs* [2023] HCA 37, subject to certain conditions. The Administrative Appeals Tribunal (AAT) was required to determine whether GNZW was a danger to the Australian community, thereby precluding him from being granted a protection visa.

The Tribunal was tasked with assessing whether GNZW satisfied the criteria for a protection visa, specifically whether he posed a danger to the Australian community under section 36(1C) of the *Migration Act 1958* (Cth). This involved considering his past criminal convictions, including offences such as false imprisonment, recklessly causing injury, and dealing in property suspected to be the proceeds of crime, as well as his admitted history of alcohol abuse and threats made during arguments. The Tribunal also had to consider the period of time GNZW had spent in the community since his release from detention without re-offending.

In its reasoning, the Tribunal acknowledged GNZW's extensive criminal history and the seriousness of some of the offences. However, it also noted that GNZW had been released from detention in November 2023 and had resided in the community since that time without any further offending. The Tribunal found that the exception under section 36(1C) of the Act, which would prevent the grant of a protection visa if the applicant is considered a danger to the Australian community, was not enlivened in this instance. The Tribunal set aside the decision under review and remitted the matter to the Respondent with a direction that section 36(1C) of the *Migration Act 1958* did not apply to GNZW's eligibility for a protection visa.