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

The Administrative Appeals Tribunal, through Member R Bellamy, considered an application for a Protection visa by JLJF. The core of the dispute concerned whether the Applicant met the criterion under section 36(1C)(b) of the *Migration Act 1958* (Cth), specifically whether he had been convicted by a final judgment of a particularly serious crime and was therefore a danger to the Australian community. The Applicant's history of violent offending, including family violence, was central to this assessment.

The Tribunal was required to determine if the Applicant posed a present and serious risk to the Australian community, a question to be answered by considering only relevant matters and not balancing them against the consequences of removal. This involved assessing whether the Applicant's past criminal conduct, particularly violent offending, established him as a danger to the community under the *Migration Act*.

The Tribunal found that the Applicant did pose a present and serious risk to the Australian community. Applying section 36(1C)(b) of the *Migration Act*, the Tribunal was satisfied on reasonable grounds that the Applicant, having been convicted by a final judgment of a particularly serious crime, was a danger to the Australian community. Consequently, the Applicant did not satisfy the criteria for a protection visa. The Tribunal affirmed the decision under review.