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

This matter concerned an application for a Safe Haven Enterprise visa (Subclass 790) by the Applicant, JTSG, which was refused by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs. The refusal was based on the Applicant's conviction for a particularly serious crime and the assessment that he posed a danger to the Australian community. The Applicant sought review of this decision before the Tribunal.

The primary legal issues before the Tribunal were whether the Applicant had been convicted by a final judgment of a particularly serious crime, and if so, whether he was a danger to the Australian community. These questions were to be determined on reasonable grounds.

The Tribunal considered the Applicant's criminal history, which included offences such as kidnapping, extortion, and assault occasioning bodily harm, as well as numerous incidents during periods of imprisonment and immigration detention. Applying the principles from *WKCG and Minister for Immigration and Citizenship* (2009) 110 ALD 434, the Tribunal assessed the extent and seriousness of the crimes, any mitigating or aggravating circumstances, and the risk of reoffending. Based on this assessment, the Tribunal found that the Applicant had been convicted of a particularly serious crime and was a danger to the Australian community.

Consequently, the Tribunal affirmed the delegate's decision to refuse the grant of the Safe Haven Enterprise visa.