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

The applicant, GPBL, sought judicial review of a decision by the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to grant a Protection visa. The core of the dispute concerned whether the applicant met the criteria for a Protection visa, specifically in relation to past criminal offending and the assessment of whether the applicant posed a danger to the Australian community. The matter was heard by R Bellamy SM.

The court was required to determine whether the applicant satisfied the criterion in section 36(1C)(b) of the *Migration Act 1958* (Cth), which involves assessing whether the applicant is a danger to the Australian community. Additionally, the court had to consider whether section 36(2C)(b)(ii) of the Act was engaged, which relates to whether the applicant has been convicted by a final judgment of a particularly serious crime. The court was also tasked with evaluating evidence of the applicant's rehabilitation in assessing the risk of future offending.

R Bellamy SM reasoned that while the applicant had an extensive and serious criminal history, including offences of robbery, drug possession, property offences, and assault, a significant period had passed since the more serious offending. The court noted that the applicant had not engaged in similar conduct since a robbery conviction at age 16, and his traffic offending, while persistent for a period, had ceased for several years. Crucially, the court was persuaded by evidence of rehabilitation and the applicant's assertion that he had "finally turned a corner." Applying the principles that the concept of danger involves an assessment of the probability and seriousness of harm, the court concluded that the applicant was not a danger to the Australian community and that section 36(2C)(b)(ii) was not engaged.

Consequently, the court set aside the reviewable decision and remitted the matter to the Respondent for reconsideration. The court directed that the applicant satisfies the criterion in section 36(1C)(b) of the *Migration Act 1958* and that section 36(2C)(b)(ii) of the Act is not engaged by the applicant.