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

This matter concerned an application for review of a decision to refuse to grant a protection visa to the applicant, NZYQ. The applicant had been convicted of sexual intercourse with a child, which was considered a particularly serious crime. The central dispute revolved around whether the applicant posed a danger to the Australian community, a key consideration under section 36(1C)(b) of the *Migration Act 1958* (Cth). The decision was made by Deputy President J W Constance of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant's conviction for a serious sexual offence meant he was a danger to the Australian community. This involved assessing the applicant's level of insight into his offending behaviour, the sincerity of his remorse, and the likelihood of re-offending, particularly in light of his history of childhood sexual abuse and his participation in rehabilitation programs. The Tribunal also had to consider the applicant's own evidence regarding his changed understanding and remorse, alongside expert psychological assessments and reports from correctional services.

The Tribunal affirmed the decision to refuse the visa. It found that while the applicant expressed remorse and had participated in some counselling and self-improvement programs, his conviction for a particularly serious crime was a significant factor. The Tribunal noted that the sentencing judge had not been satisfied the applicant had accepted full responsibility for his actions at the time of sentencing and that he had been assessed as a medium to high risk of re-offending. Despite later psychological assessments indicating an advancement in his understanding and a move towards taking responsibility, the Tribunal concluded that the risk of danger to the Australian community remained. The applicant's inability to complete a sex offender program was also a relevant consideration.