JKWL and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application for a Protection visa by JKWL, who had been convicted of serious criminal offences. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs had refused to grant the visa. The applicant sought review of this decision before the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were whether the applicant had been convicted of a "particularly serious crime" and whether the applicant posed a "danger to the Australian community," as these terms are used in section 36(1C) of the *Migration Act 1958* (Cth). These criteria are relevant to determining whether a person is disentitled from being granted a Protection visa.

The Court noted that the applicant accepted he had been convicted of a "particularly serious crime" under the Act, given the nature of his offences and the maximum penalties prescribed. The central question therefore became whether the applicant was a "danger to the Australian community." The Court referred to the Full Federal Court's decision in *DMQ20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs*, which indicated that "danger" in this context denotes a prospect of harm, likely of a physical or psychological kind, and not merely non-trivial harms. The Court considered the applicant's behaviour in correctional facilities and his completion of various rehabilitation programs, alongside assessments of his risk of re-offending.

The Court found that the Tribunal had erred in its assessment of the applicant's risk of re-offending. The decision under review was set aside and substituted with a decision to grant the Protection visa.