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

RCLN and Minister for Immigration, Citizenship, and Multicultural Affairs (Migration) [2023] AATA 1335 (26 May 2023)
Division:GENERAL DIVISION
File Number(s): 2023/1048
Re:RCLN
APPLICANT

AndMinister for Immigration, Citizenship, and Multicultural Affairs
RESPONDENT

DECISION
Tribunal:Senior Member J Rau SC
Date:26 May 2023
Place:Adelaide

The decision under review is affirmed.
..................[sgnd]..................................
Senior Member J Rau SC
CATCHWORDS
MIGRATION – mandatory cancellation of (Class BB) (Subclass 155) Five Year Resident Return visa under section 501(3A)- where Applicant does not pass the character test – Applicant has substantial criminal record – whether the discretion to revoke the visa cancelation under section 501CA (4) should be exercised – consideration of Ministerial Direction No. 99 - decision under review is affirmed
LEGISLATION
Migration Act 1958 (Cth)
CASES
Afu v Minister for Home Affairs [2018] FCA 1311
FYBR v Minister for Home Affairs [2019] FCA 500
Pearson v Minister for Home Affairs [2022] FCAFC 203
Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17
Suleiman v Minister for Immigration and Border Protection [2018] FCA 594
Uelese v Minister for Immigration and Border Protection [2016] FCA 348
YNQY v Minister for Immigration and Border Protection [2017] FCA 1466
SECONDARY MATERIAL
Direction No 99 – Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA
REASONS FOR DECISION
Senior Member J Rau SC
26 May 2023
INTRODUCTION

The Applicant seeks a review of the decision by a delegate of the Minister for Home Affairs (“the Respondent”) made under section 501CA (4) of the Migration Act 1958 (Cth) (“the Act”) on 15 November 2022,[1] not to revoke the mandatory cancellation of his (Class BB) (Subclass 155) Five Year Resident Return visa (“his Visa”). The Applicant’s visa was cancelled on 21 July 2021 under section 501 (3A) of the Act on the basis that he did not pass the character test.[2]
[1] Exhibit 3, G2, pp 17-35.
[2] Ibid, G17, Attachment J, pp 124-125.
Sections 501(6)(a) and 501(7)(c) of the Act provide that a person does not pass the character test if they have been sentenced to a term of imprisonment of 12 months or more. The Applicant fails the character test on account of being sentenced to an aggregate term of 16 months imprisonment on 25 May 2021.[3]
[3] Ibid, G3, Attachment A, pp 38-39.
The Applicant quite properly concedes that he does not pass the character test. The issue before the Tribunal is whether there is ‘another reason’ to revoke the mandatory visa cancellation pursuant to s 501CA(4)(b)(ii) of the Act.
The hearing was held on 8 May 2023. The Applicant was represented by Ms Marta Mamarot of Southwest Migration and Legal Services and the Respondent was represented by Mr Max Gao of HWL Ebsworth Lawyers.
The Applicant gave evidence by Microsoft Teams. This case was somewhat unusual in that the Applicant is in the community and has been since January 2023, notwithstanding the fact that his visa has been cancelled. This seems to be a product of the Applicant having been an immigration detainee whose status was affected by the decision in Pearson v Minister for Home Affairs[4] and the subsequent legislative changes precipitated by that decision.
[4] [2022] FCAFC 203.
The Applicant gave evidence in a direct manner, however I regard his account of events and evidence generally, as unreliable. He was a poor historian. For example, he was unable to recall the exact ages or years of birth of his children. He said that he came to Australia on 11 November 1991, when the Respondent’s records indicate his initial entry into the country was on 28 October 1990.[5] Much of his evidence was self-serving and frequently at odds with independent contemporaneous records. Examples of this are given below, such as his characterisation of his family violence history, as “verbal” not physical. Where there is a conflict between the Applicant’s evidence and an independent record, I generally have given more weight to the independent record.
[5] Exhibit 3, G28, Attachment T, p 169.
The Applicant did not call any witnesses. This is most significant in two respects. Firstly, in relation to his family, there was no corroboration of his evidence and statements from his estranged partner, JH, regarding any prospects of ongoing contact or connection. Secondly, there was no independent contemporary psychological assessment of the Applicant’s mental health, or his risk of reoffending.
Background Facts
The Applicant was born in Iran in 1972. He is a citizen of Iran. He is the eldest of 5 children. His mother, father and 2 younger brothers still live in Iran. They are Sunni Muslims.[6]
[6] Ibid, G19, Attachment L, p 146.
The Applicant got into trouble at school from about the age of 12. When he was 14, his father took him to Portugal to avoid conscription. He lived there with his aunt and uncle. He remained there until he was 18, when his father arranged for him to come to Australia.[7]
[7] Exhibit 7, RTB 3, p 297.
As mentioned above, the Applicant arrived in Sydney on 28 October 1990,[8] not 11 November 1991, as he told the Tribunal.[9]
[8] Exhibit 3, G28, Attachment T, p 169.
[9] Ibid, G19, Attachment L, p 140.
On 23 May 1991, BD was born to SD. The Applicant subsequently commenced a relationship with SD. The Applicant stated that he regarded BD, “as his own”.[10] The Applicant told the Tribunal that he had not spoken with BD for 3-4 years and that he had no idea where he was.
[10] Exhibit 7, RTB 2, pp 117 and 136.
The Applicant married SD in July 1993. The marriage was troubled. They were both drug users. The Applicant engaged in domestic violence against SD. The marriage ended, but there was a period of ongoing contact. [11]
[11] Exhibit 3, G20, Attachment M, p 152 and Exhibit 7, RTB 3, pp 297 and 303.
The Applicant claims that his marriage breakdown led him to “fall into a criminal lifestyle and using drugs which resulted in me going to prison and having a criminal record”.[12] This is at odds with the evidence before the Tribunal. The Applicant was well established in drug taking and criminal behaviour during his marriage to SD.[13]
[12] Exhibit 3, G20, Attachment M, p 152.
[13] Ibid, G3. Attachment A, pp 46-47.
On 22 April 1994, NSW Police records state:
“police officer in charge: const [GT] from parramatta police station husband poi of victim repeatedly punched and kicked and strangled victim after victim arrived home late. police attended offender arrested. Information taken from p40 form.”[14]
[14] Exhibit 7, RTB1, p 88.
The Applicant told the Tribunal that he did not recall this event, but that “he did not do that”. The victim in this case was SD.
On 26 April 1994, NSW Police records state:
“POLICE OFFICER IN CHARGE: CONSTABLE [JLP]. ABOUT 9PM 27/1/94 THE POI ATTENDED….. ……, WHICH IS IN BREACH OF A CURRENT AVO. THE POI ALLEGEDLY MADE THREATS TO KILL THE VICTIM. THE OFFENDER WAS ARRESTED AND TAKEN TO PARRAMATTA POLICE STATION. DETAILS TAKEN FROM P40 FORM.”[15]
[15] Ibid.
On 29 June 1994, The Applicant was convicted in the Paramatta Local Court of assault and breaching a domestic violence order.[16] The victim was SD.
[16] Exhibit 3, G3, Attachment A, p 47.
On 20 March of 1995, the Applicant and SD had a son, RA.[17]
[17] Exhibit 7, RTB2, p 117 and RTB3, p 297.
On 23 October 1996, The Applicant was convicted in the Paramatta Local Court of assault[18] and breaching an ADVO. He was fined $250.[19]
[18] SD.
[19] Exhibit 3, G3, Attachment A, p 46.
The Applicant and SD separated in 1996 and divorced in 1999.[20] The Applicant said in his evidence that he married SD in 1997. This is contrary to other material before the Tribunal. He described their relationship as “on and off”. The Applicant told the Tribunal that he did not see his son, RA between the time when SD left him, when RA was aged 5, and when RA was 18. He also said that he had had no contact with RA for 8 or 9 years. He said that RA had “blocked him”.
[20] Exhibit 7, RTB 3, p 297.
Between 25 March and 20 September 1996, NSW Police records indicate that the Applicant was involved in 5 reported cases of theft from petrol stations.[21]
[21] Ibid, RTB1, pp 85-87.
On 3 November 1996, NSW Police records state:
“VIC WAS WORKING ON A RIDE AT THE FISHERS GHOST CARNIVAL. THE POI IS INVOLVED IN ANOTHER COMPANY WHO WERE PRESENT AT THE CARNIVAL. THE POI HAS APPROACHED THE VICTIM AND PUNCHED……HEAD SEVERAL TIMES. THE VICTIM…… OFF OTHER PUNCHES AND THE POI HAS THEN GRABBED THE VICTIM BY THE THROAT. POI AND VIC THEN WRESTLED TO THE GROUND WHERE OTHER WORKERS FROM THE CARNIVAL HAVE INTERVENED AND SEPARATED THE TWO. VIC STATES THERE……PREVIOUS PROBLEMS BETWEEN THE POI’S AND VICTIM’S FAMILIES.”[22]
[22] Ibid, RTB1, p 85.
On 23 December 1996, NSW Police records state:
“At the above time and date the victim returned to the location which is the home of both the vict[23] and poi. The poi and victim had already had an argument the night before and the poi agreed to move out. When the victim returned she found the poi still in the …… victim and poi have had an argument regarding …… out and the poi …… increasingly agitated shouting “I’m not leaving” several times. …… the victim “You said its over, its not over, I’m not leaving. The only time this marriage is over is when one of us is dead.” and also “You’re dead bitch, they wouldn’t put me in gaol for killing you in Iran. Be careful when you’re sleeping you know …… can get in …… poi has put the victim in a headlock and twisted her arm behind…… after the victim has got away from the poi he …… behind her car refusing to let …… out of the driveway. After …… moved …… her in another car blocking her from driving away several times. The victim is fearful for her life and wishes to end the relationship with the poi.”[24]
[23] SD.
[24] Exhibit 7, RTB1, pp 84-85.
On 14 January 1997, NSW Police records state:
“victim: ampol city service station, orange grove rd vehicle of interest: ABOUT 3.45PM ON 14.01.1997 THE ABOVE VEHICLE HAD $25 WORTH OF SUPER PETROL PUT IN IT. A MALE PERSON, ABOUT 25-30 YEARS OF AGE, WHITE EUROPEAN, WEAING BROWN PANTS AND A LONG SLEEVE SHIRT, WITH SHORT BROWN HAIR WAS THE DRIVER OF THE VEHICLE. THE VEHICLE IS CURRENTLY REGISTERED TO A CAR YARD, BUT ENQUIRIES REVEAL THAT IT HAS BEEN SOLD TO [THE APPLICANT] OF …… TELEPHONE MESSAGE TO BE SENT ON 15.01.1997 TO OBTAIN CONTACT PHONE NUMBER.”[25]
[25] Ibid, RTB1, p 84.
On 17 January 1997, an AVO was granted against the Applicant to protect SD.[26]
[26] Ibid, RTB1, p 83.
On 31 January 1997, NSW Police records state:
“POI DESCRIBED AS MEDITERRANEAN APPEARANCE 20-21 YEARS OLD 165CM TALL, DARK CURLY SHORT HAIR, PROMINENT CHEEK BONES, SLIM BUILD WEARING LONG WHITE SHIRT, BLUE TRACK PANTS AND RUNNING SHOES. POI LEFT IN VEHICLE……THE POI ENTERED THE CASH CONVERTERS SHOP IN THE CAMPBELLTOWN MALL …… THE JEWELLERY COUNTER AND ASKED TO SEEK THE RING. THE RING WAS …… THE POI. THE POI LOOKED AT THE RING AND RAN FROM THE STORE. HE WAS CHASED BY STAFF INTO THE CARPARK OF THE MALL WHERE HE GOT INTO A MOTOR VEHICLE…… A GOLD 82 COMMODORE SEDAN. THE VEHICLE WAS DRIVEN BY ANOTHER MALE NOT FURTHER DESCRIBED.”[27]
[27] Ibid, RTB1, p 84.
On 24 February 1997, NSW Police records state:
“POI [THE APPLICANT] …… BELIEVED TO BE LIVING IN PARRAMATTA. ABOUT 11.30PM THE VICTIM[28] HEARD A KNOCK AT THE FRONT DOOR. SHE OPENED HE DOOR AND HER HUSBAND FROM WHOM SHE IS SEPARATED – PUSHED …… THE WAY AND WALKED INTO THE …… POI GRABBED THE VICTIM BY BOTH WRISTS AND STARTED YELLING “YOU SLUT WHO ARE YOU FUCKING. YOU SLUT.” THE POI THE GRABBED THE VICTIM BY THE THROAT AND STARTED TO SQUEEZE TO A POINT WHERE THE VICTIM COULD NOT BREATH, THE COUPLES 2 YEAR OLD SON THEN RAN INTO THE ROOM AND THE POI LET THE VICTIM GO AND PICKED UP HIS SON. THE VICTIM RAN TO THE KITCHEN AND PICKED UP A BUTCHERS KNIFE (MEAT CLEAVER) AND RAN TOWARDS THE POI, WHO PUT HIS SON DOWN AND RAN OUT THE FRONT DOOR, DOWN THE DRIVEWAY TO THE FRONT OF HIS VEHICLE A WHITE FORD LASER SEDAN. HE THEN THREW A BOTTLE HE HAD BEEN CARRYING AT THE VICTIM HITTING……RIGHT THIGH. SHE STOPPED RUNNING AND GRABBED HER LEG WHEREUPON THE POI CAME UP TO HER AND TRIED TO GRAB THE KNIFE. THE VICTIM WAS HOLDING THE KNIFE AT SHOULDER HEIGHT. THE POI HAD HOLD OF THE VICTIM’S RIGHT WRIST, AND HE SUDDENLY GRABBED THE KNIFE AND APPARENTLY SUFFERED SEVERE LACERATIONS TO HIS …… YELLED AT THE VICTIM “YOU CUT ME” THE VICTIM RAN BACK INTO THE …… LOCKED THE DOORS. THE POI THEN WENT TO THE LAUNDRY AT THE REAR OF THE PREMISES AND WASHED HIS HANDS,, THEN REQUESTED THE VICTIM GIVE HIM SOME BAND AIDS. SHE THEN LEFT…….BACK DOOR WHERE …… …… AGAIN, TOOK SOME BAND AIDS AND LEFT. …… …… VEHICLE AND STAYED IN THE VEHICLE FOR SOME TIME, BEFORE THE VICTIM WENT TO A PHONE BOX IN NARELLAN AND CONTACTED POLICE. ON……, HOME THE POI HAD LEFT HIS VEHICLE AND DECAMPED. THE VICTIM SUFFERED A LARGE BRUISE TO….. THIGH, SCRATCH MARKS AND REDNESS TO BOTH SIDES OF ……, BRUISING TO THE EFT BICEP, AND REDNESS TO THE LEFT WRIST AND FOREARM. AN ENFORCEABLE AVO IS IN EXISTENCE UNTIL 17/2/99 WHICH STATES: THE DEFENDANT IS NOT TO ENGAGE IN CONDUCT WHICH INTIMIDATES THE PROTECTED PERSON OR ANY PERSON WITH WHOM THE PROTECTED PERSON HAS A DOMESTIC RELATIONSHIP, AND IS NOT TO STALK THE PROTECTED PERSON,. ORDERS MADE ARE AS FOLLOWS: 1) NOT TO ASSAULT, INTIMIDATE, THREATEN, MOLEST…..OTHERWISE INTERFERE WITH THE PERSON IN NEED OF PROTECTION. 2) TO SURRENDER ALL FIREARMS AND RELEVANT LICENCES. A THOROUGH SEARCH OF THE AREA WITH THE ASSISTANCE OF PICTON 1, EAGLEVALE 1 AND I 205 WAS MADE WITH A NEGATIVE RESULT.”[29]
[28] SD.
[29] Exhibit 7, RTB1, pp 83-84.
On 5 April 1997, NSW Police records state:
“Offender [The Applicant] ………… At the stated time, the offender attended the address and entered the ……… victim[30] was there with her two children (2&6 old) and friend (witness). The POI yelled abuse at the victim. He then approached…… lounge room and grabbed …… tightly causing bruising to both wrists. He then pushed the victim causing her to fall backward onto the lounge chair. The victim asked the offender to leave but the offender wouldn’t and threatened to kill the victim. The victim stood back up and the offender pushed her again, with force in the chest area, causing her to stumble backward. The two were then involved in a struggle. The victim then stated that she wished to contact the police for help and the POI took …… phone from her and removed the battery. There is no other telephone in the …... offender then went around the house picking up various items of his property and loaded it into…… vehicle which was parked on the road outside the premises all the time yelling abuse and threatening the victim. The offender pushed the victim a number of times at that stage. The offender then left the premises. The victim noticed that the offender had taken $200 which belonged to her, …… phone battery and keys to …… so she followed …… his vehicle. She asked for the property but it was refused so the victim picked up a house brick and threw it at the offenders car. The brick hit the front passenger window causing it to smash. The POI the drove away. A short time later police arrived and spoke to the victim and witness. A statement was obtained from the witness in Official Police Notebook …… issue to Constable [L] of Camden Police Station. The offender then returned to the premises in his vehicle. He was arrested and searched and placed in the rear of the police vehicle. An imitation 9mm Barretta pistol was located in the rear of the offenders vehicle in the pocket of a jacket. The offender was conveyed to the Camden Police Station and charged wfor breach of AVO, AOABH and possess prohibited article. A record of interview was conducted and the POI admitted to all allegations then signed each page of the ROI. The victim attended the police station and supplied a statement. She stated that she has real fears for …… and the safety of her children and believes threats against her life are real. Police took a number of photographs of bruising to …… and neck. A number of photographs were also taken of the replica pistol and knife located in the POI’s vehicle. Due to the serious nature of offences, the POI was refused bail and conveyed to the Campbelltown Cells. He will appear at the Parramatta Bail Court tomorrow, 6/4/97. The defendant and victim ……married fir about 2 years and separated about 4 months ago. During this time the POI has attended the victims …… regular basis to see his son and leave his car there. An AVO was granted on 17 Jan 97 (not to assault intimidate etc) and is enforceable for a period of 2 years. The replica pistol was entered in exhibit book …… Knife entered into MPB ……”[31]
[30] SD.
[31] Exhibit 7, RTB1, pp 82-83.
The Applicant told the Tribunal that he did not do this. This report was false according to him. I note in this context that photographs were taken of the victim’s injuries and weapons found in the Applicant’s possession.
On 1 May 1997, The Applicant was in the Camden Local Court charged with two counts of breaching an apprehended violence order. The charges were dismissed.[32]
[32] Exhibit 3, G3, Attachment A, p 46.
On 6 June 1997, The Applicant was convicted in the Camden Local Court of assault occasioning actual bodily harm and possession of a prohibited article.[33]
[33] Ibid.
Between 25 October 1997 and 17 July 1998, NSW Police records indicate that the Applicant was involved in perhaps 10 instances of theft from petrol stations.[34]
[34] Exhibit 7, RTB1, pp 79-82.
On 25 September 1998, NSW Police records state:
“Caltex Service Station. Vehicle of Interest. White Ford Falcon. Reg: …… Property Taken 42.36 Litres of Petrol. Total Property Value. $28.00. Between the times of 8.30am and 8.40am on the 24th of September 1998, the above mentioned vehicle has stopped and filled up at the above location. The vehicle once filled has departed from the Service Station without paying for the petrol. At the time there were two persons om board, a male described as Caucasian with a medium build wearing a ……female not further described. The owner of the vehicle was contacted on the 27th September 1998 and told police that she spoke with the console operator and told him that she was unable to pay for the petrol at the time and that she would make the payment of the following Thursday morning when she got paid. On the 4th of October 1998, the caltex service station was contacted and confirmed that the petrol…. been paid.”[35]
[35] Ibid, RTB1, p 79.
The Applicant claims that he completed year 12 in Australia in 1997 or 1998.[36] There is no independent evidence of this.
[36] Exhibit 3, G19, Attachment L, p 148.
On 20 January 1999, NSW Police records state:
“POLICE ATTENDED THE PREMISES AFTER A ANONYMOUS CALLER CONTACTED POLICE. AT THE SCENE POLICE SPOKE TO THE VICTIM ……, SHE INDICATED THAT SHE …… ARGUMENT WITH HER HUSBAND AND THE POI. SHE STATED THAT THERE …… LONG …… VIOLENCE BETWEEN THE PARTIES, AND THAT SHE ……. TO POLICE ACTION, OR COULD SHE MAKE A STATEMENT IN RELATION TO THE MATTERS. SHE STATED THAT SHE WAS NOT GOING TO INVOLVE POLICE AND SIGNED CST [R’S] NOTEBOOK …… STATING THAT SHE HAD NO FEARS. SHE STATED TO POLICE THAT SHE COULD …… SITUATION AND THAT SHE WOULD LEAVE THE POI AND THAT HE WOULD NOT BE ABLE TO FIND …… WAS NO SIGNS OF INJURY. THE POI WAS NOT PRESENT WHEN POLICE SPOKE TO THE VICTIM.[37]
[37] Exhibit 7, RTB1, p 79.
On 7 February 1999, NSW Police records state:
“POI: [THE APPLICANT] …… …… VIC:[38]…… …… THE PARTIES….. MARRIED FOR THE PAST 7 YEARS AND HAVE TWO CHILDREN AGED 7 AND 4 YEARS. THE VIC HAS BEEN SUBJECT TO VERBAL AND PHYSICAL ABUSE IN THE PAST, BY THE POI, AN AVO WAS IN EXISTENCE, HOWEVER EXPIRED ON THE 17/1/99. THE POI …… RESIDING AT THE PREMISES FOR THE PAST TWO TO THREE WEEKS, BUT HAS BEEN ATTENDING THE PREMISES REGULARLY AND DEMANDING MONEY AND PROPERTY. THE VIC DOES NOT WISH TO SEE THE POI ANYMORE AND HAS INFORMED HIM OF THIS AND DEMANDS THAT THE POI LEAVES THE PREMISES. THE POI DISREGARDS THE VIC AND STANDS OVER HER, THREATENING FURTHER ASSAULTS AND INTIMIDATING. ON SUNDAY THE 7/2/99 ABOUT 12MD THE POI ATTENDED …… AND REFUSED TO LEAVE WHEN ASKED, NO ASSAULT OCCURRED, HOWEVER THE VIC IS FEARFUL OF THE POI AND HE ONLY LEFT AFTER INFORMED POLICE WERE CALLED. VIC INFORMED THE AVO …… AND POLICE AE APPLYING FOR ANOTHER AVO WITH THE STANDARD CONDITIONS, AS WELL AS NOT TO GO WITHIN 500 MTRS OF THE VIC OR ANY PLACE SHE MAY RESIDE, NOT TO CONTACT THE VIC UNLESS ARRANGE CHILD ACCESS.”
“Victim: …… POI: [the Applicant] At 12.30pm on 4/2/99 attended …… …… …… regarding a domestic. Upon arriving at the stated location police were approached by the victim[39] who was in an …… state. Police spoke with the victim who initially refused to identify herself. The victim stated that the POI …… ……she was holding her son. Nil injuries were visible to the victim or the child. The victim stated that she wanted the POI locked up for breach of AVO, nil enforceable AVO’s. Police again requested the victim supply a statement regarding the alleged drug. Police inquired if the victim had some place to go the victim would not accept ……police regarding a refuge. Police offered to convey to the victim to another location, but the victim declined. Police offered to arrange an appointment with domestic violence staff, but the victim declined. At this stage NFA.”[40]
[38] SD,
[39] Ibid.
[40] Exhibit 7, RTB1, pp 78.

On 10 February 1999, NSW Police records state:
“OVER A LONG PERIOD OF TIME THE VICTIM[41] AND THE DEFENDANT …… NUMBER OF DOMESTICS. THE VICTIM HAS RECEIVED A NUMBER OF INJURIES AS A RESULT OF THE DOMESTICS. BETWEEN 12.30AM ON 10.2.99 AND 4.05PM POLICE RECEIVED A NUMBER OF CALLS FROM THE VICTIM STATING THAT THE DEFENDANT WAS ATTEMPTING TO BREAK INTO THE FAMILY HOME TO ASSAULT HER. THE VICTIM ALLEGES THAT THE DEFENDANT HAS MADE NUMEROUS THREATS AGAINST ……ABOUT 4.05AM POLICE ATTENDED …… …… WHERE THE DEFENDANT WAS LOCATED IN THE KITCHEN OF THOSE PREMISES. THE VICTIM GAVE POLICE A STATEMENT ALLEGING THAT THE DEFENDANT …… HIS WAY INTO THE PREMISES AND AS SHE ATTEMPTED TO RING POLICE ON ……. PHONE THE DEFENDANT HAS GRABBED HOLD OF HER ARM AND TWISTED IT PULLING THE PHONE FROM HER. HE HAS THEN REFUSED TO GIVE THE PHONE BACK TO HER. WHILST SPEAKING TO THE VICTIM IT WAS NOTICED THAT SHE HAD RED MARKS AND SWELLING TO HER LEFT ARM. THE DEFENDANT WAS ARRESTED AND CONVEYED TO CAMPBELLTOWN POLICE STATION WHERE HE WAS CHARGED WITH ASSAULT.”[42]
[41] SD.
[42] Ibid.
The Applicant told the Tribunal that he remembered taking a knife from her, but he never grabbed her and did not take her phone. He seems not to have been referring to this incident, but the incident on 24 February 1997 (above). If that is so, he gives a vastly different account to that offered by his victim. I find his account in any event, to be unreliable.
On 28 March 1999, NSW Police records state:
“On the night of Saturday the 20 March 1999 Detectives at Campbelltown Police Station arrested two men in relation to the possession and discharge of a shortened firearm. As a result of enquiries into that investigation a white Mitsubishi van …… became linked to the enquiry. That vehicle is registered to the defendant [the Applicant]. Shortly before 4.35pm the defendant’s van was sighted by Detectives outside…… …… The van was kept under observations before the defendant was seen to enter the drivers seat and drive from the residence. The defendant was followed and stopped at the intersection of Karrabul and Greengate Road St Helens Park. The defendant was spoken to and removed from the car before being searched. Found down the rear of ……was a holstered .32 calibre self loading pistol. The pistol was seized by Detectives before the defendant was arrested and cautioned. The van was searched and located behind the drivers seat was a pair of tracksuit pants. Inside the tracksuit pants a NSW vehicle registration plate numbered …... was located. That number plate has been identified as being stolen from a vehicle at Campbelltown in early February, 1999. The defendant’s pockets were searched and located on …… was the sum of $1,108.80 mainly in fifty and twenty dollar notes. In a wallet in the rear of ……police located further monies, $65.00 and a $50 counterfeit note of Australian currency. A spare magazine containing five .32 calibre rounds was located in another pocket. When the pistol was examined at the scene it was found to be fitted with another magazine loaded with six .32 calibre rounds. No rounds were in the breach of the pistol and it was not coked. The defendant was conveyed to Campbelltown Police Station where he was interviewed by way of an Electronic interview machine. Charge 1 : Possess Unlicensed Firearm. (Pistol). In respect of this matter the defendant indicates that he was given the pistol some three to four years prior by a friend. He could not nominate the full name of the friend and states that that person ……left the country. He kept the pistol wrapped up with the ammunition and firearm secreting them in the garage where no person would find them. …… …… fired the pistol previously. The defendant states that on Saturday the 20 March, 1999 he was assaulted at ……by four unknown male persons. Those persons dragged him from ……and indicated that they were going to shoot ……defendant states ……business with these males and cannot think of any reason why they have assaulted ……than it being a case of mistaken identity. As a result of the assault the defendant states he received a broken nose, black eyes and sutures to an eyebrow which were treated at Campbelltown Hospital that night. On his admissions ……that he ……himself with the pistol since Monday the 22 March, 1999, carrying it with …… person for self protection. During the interview he has indicated the pistol is not registered and ……licenced to possess it. Charge 2: Goods in Custody. In respect of the $1,107.80 in case found on …… the defendant indicated that …… gold chain previously given to …… parents to an unknown male person at Sydney a few days ago for the amount of $1,300.00. This money located in …… has been kept separated from other monies found in …… Police have suspicions in respect of the origins of the monies as no aspect of the defendants version can be verified at this stage. Police believe the monies to be stolen or otherwise unlawfully obtained. In relation to the counterfeit note the defendant states …… it for some time after receiving it from a bank or shop. …… suspicions as to authenticity of the note and indicated …. to place in …… collection. Police at this stage are not proceeding with this matter on the available evidence. In relation to the number plate found in the van and being stolen from another vehicle in February 1999 at Campbelltown. The defendant states ……knowledge of the plate and does not own a tracksuit pants. He can give no explanation as to why the plate was found in his car. Police will conduct further forensic examinations in respect of this plate before determining whether to proceed to charge on this matter.[43]
[43] Ibid, RTB1, pp 76-77.
On 16 April 1999, NSW Police records state:
“OFFENCE 1 : COMMON ASSAULT OFFENCE 2: BREACH OF APPREHENDED VIOLENCE ORDER. On the 23rd of March 1999, an interim order was issued at Campbelltown Local Court until the 20th April 1999. The conditions of the order are as follows: 1. The defendant must not engage in conduct that intimidates the protected person or any other person having a domestic relationship with the protected person. 2. The defendant must not stalk the protected person. 3. The defendant is not to cause personal injury to harass, intimidate, stalk or molest the protected person. 4. Not to approach the protected person. 5. Not to enter or go within 500 meters of the premises occupied by the protected person at …… Friday the 16th day of April 1999, the victim[44] was at the residence of the defendant of …… …… has been since Tuesday. The defendant allowed the victim to stay as she has no fixed place of abode. About 12.45am, an argument developed between the defendant and the victim over the whereabouts of the victim for the previous two …… defendant pushed the victim to the floor and kicked …… back three times. The victim got up and the victims upper arms, which …… bruising to right arm. The defendant and the victim continued to argue until Police arrived about 1.10am. the argument could be heard by Police from the road. The Police announced the office and asked to the occupants to open the door, as screaming was still being heard. Police attempted to kick the door in, but the victim opened the front door before any damage had been occasioned to the door. About 1.28am the defendant was arrested and conveyed to the rear of the caged truck. OFFENCE 3: POSSESS PROHIBITED DRUG. Om the 28th of March 1999, the defendant was charged by Campbelltown Detectives, for the possession of an unauthorised and unregistered pistol, being that of .32 calibre pistol loaded (6 rounds) and a spare magazine with 5 rounds. Under the Crimes Act 40/1900, Section 357 (4), police searched the premises, as they had reasonable cause to believe that a firearm may be located in the premises and that the seizure if such item would prevent any further offences being committed. On 16 April 1999 about 12.32am, Police conducted a search the premises with the victim present. Whilst searching the premises, in which ……, one black canvass bag containing one large plastic carry bag with four separated resealable plastic bags each containing a quantity of green vegetable matter. Constable [F] located in the cupboard above the fridge, one plastic resealable plastic bag containing 166 smaller resealable plastic bags. The victim stated that the night previous she …… the same bag in the cupboard with only court and personal papers inside. When Police located the bag in the Manchester cupboard the defendants jersey (jumper) and shorts were within the bag at the time, along with the green vegetable matter. The victim had not seen this matter the night previous. The other male person who resides at the premises, hadn’t been …… Tuesday morning (13 April 1999). OFFENCE 4: GOODS IN PERSONAL CUSTODY. The defendant was conveyed back to Macquarie Fields Police Station where he was searched. The defendant …… wallet an amount to the value of $1 3700.00. Denominations of : 2 x $100, 18 x $50, 8 x $20, 8 x $10, 6 x $5 notes. Police have a suspicion that this money may have unlawfully obtained. OFFENCE 6: BREACH OF BAIL. On 29 March 1999, at Campbelltown Local Court, the defendant entered into a bail undertaking, that he signed. The conditions whilst on bail are: 1. Report to Officer in Charge of Police Eagle Vale, each Monday, Wednesday and Friday between 8am and 8pm. 2. Reside at …… …… . 3. Comply strictly with terms of apprehended domestic violence order. The defendant was in the breach of condition number three relating to charges 1 and 2. The defendant was conveyed back to Macquarie Fields Police Station. Where he was placed on the electronically interview machine and refused t partake formal questioning of these matters. The defendant stated that the money (charge 5) was for rent and electricity. An amount of 136.50 grams of green vegetable matter was located. Totalling $ 3 412.50. The victim believes that the defendant can easily obtain access to firearms, due to associates. The defendant is charged with matters now before the court.”[45]
[44] SD.
[45] Exhibit 7, RTB1, pp 75-76.
The Applicant told the Tribunal that he did not recall this incident. He said that he has never assaulted SD physically and that he had only ever tried to defend himself.
On 25 April 1999, NSW Police records state:
“on the 25th April 1999, at approx. 3pm the victim[46] and POI …… involved in an argument at Kearns shopping Centre. The victim has left the shops and driven to the Formula 1 Motel in Campbelltown. The POI has followed the victim to the motel and tried to call …… phone, to get her to meet …… foyer. The vict …… to the POI in the foyer and then gone back upstairs to get her bags and leave. The POI has attempted to get the bags from the boot of the car, so the vict slammed the door shut and locked the car doors. The vict argued with the POI and told him tht the Police were on their way. The POI …… angry and threatened the vict and told her that he could get another gun and this time finish her. The vict was scared for …… and the safety of her children. The POI …… short time later in a taxi cab, TIO applied for and given.”[47]
[46] SD.
[47] Exhibit 7, RTB1, pp 74-75.
On 30 April 1999, NSW Police records state:
“In addition to the service of the TIO on the PIO, the TIO was approved on Monday 26th April 1999, Police attended the POI address with nil success. Police spoke to Eagle Vale police and faxed TIO to station for service when the POI next reports. The court date was set for 27th April 1999 the day after the approval from the Magistrate. The POI …… to report on the following day. spoke to Eagle Vale Police and cst [H] stated that the TIO was no longer on the back of the reporting card, which led them to believe it had been served. If this is the case the POI has received this information 1 day after the Court date. It is of extreme importance that the DVO make an application as a matter of urgency as the POI is considered to be dangerous as he has been arrested for possession of the firearms. It is requested that an AVO is applied for as a matter of priorities.”[48]
[48] Ibid, RTB1, p 75.
On 20 May 1999, NSW Police records state:
“At 8.55am on Monday 17th May, 1999, Police stopped the defendant driving motor vehicle ……, south on Blaxland Road at Campbelltown. The defendant was stopped for exceeding the speed limit doing 84kph in a 60 kph sign posted area. When asked to produce his license, the defendant stated that his license was cancelled. A check of the RTA system revealed that the defendant had his license cancelled on 16th June, 1998 due to demerit points. The defendant was issued an infringement notice for exceeding the speed limit and was informed that the matter of his license cancellation would be reported. At the time of the incident, road was dry, seal bitumen, in daylight and heavy traffic. Blaxland Road is a road in the state of New South Wales.”[49]
[49] Ibid, RTB1, p 74.
On 12 June 1999, NSW Police records state:
“The PINOP and defendant were married for seven years and have had two children in that time, the PINOP and defendant are currently separated but still each other on occasions. The defendant and PINOP ……involved in 13 domestic matters since 25/01/94. Four of these matters ……domestic violence assaults by the defendant against the PINOP. Three ……for Breach of AVO charges. The PINOP fears for …… and the safety of her children. NARRATIVE: About 10am on Saturday 12th June, 1999, the PINOP and the children went with the defendant in motor vehicle registration number …… to look at ………rent. About 11.30am the PINOP, children and the defendant were travelling north on Campbelltown road heading towards the f5 freeway on ramp. PINOP with a closed right fist to the right side of her head and continued to hit the PINOP. The eldest child ……. Has then grabbed hold of the defendants arm to stop him from hitting the PINOP. The eldest child …… has then grabbed hold of the defendants arm to stop him from hitting the PINOP and the defendant has then punched the eldest child …… in the face causing ……. Head to hit the car window. The defendant then continued to punch the PINOP in the head and in so doing punched the youngest child …… who was in the PINOPS arms at the time. The defendant has then stopped the car near the Raby Road, overpass on the northbound lanes of the F5 freeway. Another vehicle has stopped in front of the defendants car and the driver of this vehicle …… has run back to the defendants yelling, “Why don’t you try ……” The defendant has then got out pf the vehicle and run off. An Apprehended violence order is required for the PINOP against the defendant. Not to Assault, Molest, Harass, intimidate.”[50]
[50] Ibid, RTB1, pp 73-74.
On 15 July 1999, The Applicant was convicted in the Campbelltown Local Court of common assault (2 counts), possession of an unauthorised pistol, contravention of an ADVO, possession of a prohibited drug and driving with a cancelled license.[51]
[51] Exhibit 3, G3, Attachment A, p 46.
On 12 August 1999, NSW Police records state:
“In May, 1999 [the Applicant] was interviewed and charged by Campbelltown Detectives in respect of an offence of possession of an unlicensed pistol and possession of an unregistered pistol. The pistol in question was a .32 auto calibre CZ self loading pistol serial number …… . The pistol had previously been registered in NSW to a licensed firearms dealer who disposed of it to a Tasmanian licensed firearms dealer in 1993. That dealer id not register the forearm in Tasmania and appears to have ither lost or disposed of the firearm without adhering to legislation. [The Applicant] indicates he ……the firearm for the past three years approximately after receiving it from an unknown friend who ……left the country. Detectives had the pistol screen for unsolved crime based on the suspicion attached to the firearm. A match was confirmed between the projectile found at the Industrial Fitting Sales Factory Ingleburn on the 26.1.1995. Police are unable to establish a chain of continuity of the firearm since 1993 at this stage. [The Applicant] should be considered a suspect at this stage. Enquiries with Tasmanian Police regarding the firearms dealer indicates that the person ……fled the state and is believed to be residing in Victoria. There are warrants for …… in Tasmania on firearms matters.”[52]
[52] Exhibit 7, RTB1, p 73.
On 17 September 1999, NSW Police records state:
“On the 3 September 1999 [the Applicant] was interviewed in relation to the discharging of the firearm. …… the offence or ever firing the firearm. He confirmed he had possession of it for the past 3 to 4 years but was not conclusive on the dates. At this point in time there is insufficient evidence to indicate that [the Applicant] has discharged the shot or that ……possession of the firearm at the time the shot was discharged. No further action re [the Applicant].”[53]
[53] Ibid.
On 6 November 1999, NSW Police records state:
“About 10.15pm Saturday the 6th of November 1999, police saw a green Ford Laser registration …… heading north along Macquarie St, Liverpool. Police saw that the vehicle did not have a current label a fixed so they conducted a transport check on the vehicle in Moore St, Liverpool and spoke to the driver who they know to be the defendant [the Applicant] The defendant was asked if he was aware that the vehicle was unregistered and uninsured, to which ……that he had only purchased the vehicle two hours prior and that he was taking the vehicle to a panel beater. The defendant was not able to supply police with any receipt in relation to the purchase and could not give reasonable excuse for being in Liverpool when ……that the panel beater was in Moorebank. The defendant was asked to produced a driver’s licence to which …… ……have one and that he was cancelled. A subsequent enquire confirmed that the defendant was the ……licence number …… which was confirmed cancelled from the 14/7/98 for fine default. Police conveyed the defendant to Liverpool Police Station and placed him in custody. Further checks revealed that the defendant had 3 First Instance Warrants for an assault that occurred on the Hume Highway, Raby on the 12th June 1999. The defendant was charged with cancelled driver, unregistered/uninsured and 3 warrants by way of virtue for the matters now before the court.”[54]
[54] Ibid, RTB1, pp 72-73.
On 13 December 1999, NSW Police records state:
“ABOUT 11.25AM 13.12.99 THE VICTIM[55] RETUNED …… …… TO FIND THAT HER HUSBAND THE POI WAS ASLEEP ON THE LOUNGE. THE VICTIM AND THE POI…… HAVING RELATIONSHIP PROBLEMS. THIS IS WHY THE VICTIM HAD LEFT THE PREMISES TO …… TO THINK ABOUT SHE WANTED TO DO. SHE ALSO ASSUMED THE POI WOULD OF LEFT THE PREMISES BY THE TIME SHE ARRIVED …..POI BEGAN ABUSING THE VICTIM AND THREATENED HER THAT SHE BETTER WATCH …… …… COME TO HER. THE POI THEN LEFT THE PREMISES ON REQUEST PRIOR TO POLICE ARRIVAL. POLICE SPOKE TO THE VICTIM AT LENGTH. IT WAS ASCERTAINED THAT THE VICTIM …… DRUG DEALER & HAS THREATENED TO USE OTHERS IN THE DRUG INDUSTRY TO HARM …… LEAVES HIM. THE VICTIM HAS GENUINE FEARS FOR …… THE POI HAS ASSAULTED …… PAST. AN AVO WAS APPLIED FOR IN THE PAST, BUT HAS EXPIRED. ON BEHALF OF THE VICTIM AN AVO SHOULD BE INITIATED BY POLICE.[56]
[55] SD,
[56] Exhibit 7, RTB1, p 72.
On 14 February 2000, the Applicant was convicted in the Campbelltown Local Court of assault (5 counts), being in possession of stolen goods, possession of an unauthorised pistol (2 counts), contravention of an ADVO, possession of a prohibited drug and driving an unregistered and uninsured vehicle with a cancelled license. (5 counts).[57]
[57] Exhibit 3, G3, Attachment A, pp 45-46.
On 22 January 2000, NSW Police records state:
“For the purposes of this record, both [redacted] are listed as victims for this event. PARTY #1 ……. PART #2: [the Applicant [58]. ….. contacted, police 210100 in relation to her concerns for the welfare of her children, who were with their father, [the Applicant]. She provided police with an address where she believes [the Applicant] was staying with the children, at …… …… ……, (a friend of [the Applicant’s]). Police contacted …… by phone prior to attending and ascertained the following: There are no custody orders in place. …… gave the children to a friend at St Andrews shops, fully knowing that the friend was acting as an intermediatory and would be passing the children onto [the Applicant], so they could …… together. This occurred two days previously, and despite [the Applicant] sating he would initially return the children, then later stating he wasn’t. …… complained about [the Applicant’s] treatment of the children in that she believes he is still active in the supply of illicit drugs in front of the children. Due to previous knowledge of [the Applicant’s], …… did not make any complaint about her own previous dealings with drugs when she was living with [the Applicant]. …… stated that she spoke to [the Applicant] half an …… and that ……he was taking the children fishing. …… admitted that she could not state that [the Applicant] was at the address. Police and there did not appear to be any persons home. …… was informed of this via police radio. Police do not hold any fears for the children and are of the belief that …… may be using the police to her advantage in relation to the custody of her children.”[59]
[58] SD.
[59] Exhibit 7, RTB1, p 71.

On 1 February 2000, NSW Police records state:
“At 00.40hrs Tuesday 010200 [the Applicant] attended Campbelltown Police Station to report the following. That 00.05hrs that date his estranged wife[60] …… …… …… arrived at his new premises at ……… ……… ………… and made demands that [the Applicant] pay maintenance for their two young children. [The Applicant] declined and left with friend …… …… in their vehicle. …… followed in another vehicle with a male driver. [The Applicant] then drove through several Campbelltown suburbs with following. [The Applicant] then drove to Campbelltown Police Station losing sight of …. on the way. It would appear from a perusal of numerous COPS events that the two parties …… involved in numerous domestic incidents. A current AVO is in force with conditions that [the Applicant] not contact/harass/assault etc …… Police explained that his version of that night event probably would not constitute stalking or intimidation and that police would not be applying for an AVO on …… He was supplied with the Chamber Magistrates Telephone number and further DV services available to which …… he would apply for an AVO at first opportunity.”[61]
[60] SD.
[61] Exhibit 7, RTB1, p 71.
On 7 February 2000, NSW Police records state:
“On Monday 7 February 2000 at approximately 1800hrs, the Defendant attended …… …… …… At that residence was the Defendant’s ex-wife, Victim 1[62] and her new boyfriend, Victim 2. Also at the location was the Defendant and Victim 1 two children aged nine and give, and also the thirteen year old brother of Victim 2. The Victims were in the backyard of the premises when the oldest son of Victim 1 came and said that ………… was there. Both Victims then went to the front of the …… saw the Defendant sitting in a white Mitsubishi Magna with two persons only known as …… and …… The Defendant was seated in the rear passenger seat of the vehicle. The Victims approached the vehicle and a short verbal altercation took place between the Defendant an Victim 2. Victim 1 then saw the Defendant reach down to the floor of the car, then ……… the door of the car, pushing Victim 1 out of the way. The Defendant has then exited the vehicle in possession of a silver coloured baseball bat whilst Victim 2 attempted to deflect the blows with his arms and legs. Victim 1 and ……… then became embroiled in the melee and attempted to pull the Defendant off Victim 2. They were successful when Victim 1 said to the Defendant “If you want to hit someone, hit me.” The Defendant then swung the baseball bat where the Defendant assaulted Victim 2 further until he was pulled off by ……… and forced into the waiting vehicle. The Defendant was then driven away as …… threats and abuse at the Victims. On Tuesday 8 February 2000 at approximately 1000hrs, Victim 1 and 2 were at the shops located on Dobell Road Claymore. They were in Victim 2’s motor vehicle ….., a cream Ford Falcon sedan. As they were leaving the carpark to go. ……Defendant entered the car park, in the suspect vehicle……, a white Mitsubishi Magna. With the Defendant was …… ……, the owner of the vehicle. The Defendant exited the vehicle and began yelling at both Victims telling them to get out of their vehicle. Victims 1 and 2 did so and the Defendant assaulted both with clenched fists. Victim 1 knocked to the ground and curled up in a ball as a defensive action. Whilst she was on the floor, the Defendant kicked …… times to the right rib area of her torso. Victim 2 managed to pull Victim 2 up and into their car in which they tried to escape. Victim 1 then saw the Defendant search for something ion the rear parcel area of the Magna before an unknown male seated in the rear seat, grabbed his arm. The Defendant then reached down to the floor area directly behind the passenger seat of the Maga and extract the silver baseball bat used in the previous days assault. The Defendant then attached the Victims vehicle with the bat, causing the rear windscreen and front passenger side window to smash. He then proceeded to hut the vehicle on numerous occasions causing damage to all panels of the vehicle. Victim 2 managed to drive from Claymore Shopping Centre with the Defendant and …… close in pursuit. The defendant followed the Victims along Dobell Road into Badgally Road and at the intersection of Badgally Road and Blaxland Road, Campbelltown, both cars stopped at red traffic control signals. The Defendant again got out the magna with the baseball bat and proceeded to hit the Victims vehicle. In an attempt to get away, Victim 2 was forced to disobey the red traffic control signal and turned left onto Blaxland Road. The Defendant and …. followed. At the intersection of Blaxland Road and Campbelltown Road, then Victims turned right and the Defendant and …… turned left. As a result of this incident, Victim 1 has sore ribs on the right side of …… and grazes to her left arm, from when the Defendant smashed the window she was sitting next to. Victim 2 has numerous sore places as a result of the Defendant hitting him with both fists and the baseball bat. Vehicle …… not to go within 100m of the Victims house, contact the Victim or destroy/deliberately damage or interfere with property of the protected person. The Defednant and Victim 1 were married for a period of seven years, however this broke up approximately 12 months ago. There are two children as a result of this marriage. Victim 1 and 2 are now in a domestic relationship living at …… …… …… . On Monday 21 February 2000, the Defendant was arrested by Campbelltown police for unrelated matters and placed in custody at Campbelltown Police Station. The Defendant was asked if ……to be interviewed in relation to the incidents mentioned however, was severely drug affected and incapable of answering coherently The Defendant was then charged with the matters before the court.”[63]
[62] SD.
[63] Ibid, RTB1, p 70.
On 14 February 2000, the Applicant was convicted in Campbelltown Local Court of assault beat and ill treat (3 counts), licence cancelled drive vehicle cancelled for (2 counts), use uninsured motor vehicle, use unregistered vehicle on road area, goods in custody, drive whilst licence cancelled, contravene AVO, assault, possess unauthorised firearm/pistol (2 counts), assault, possess prohibited drug.[64]
[64] Exhibit 3, Attachment A, pp 45-46.
On 16 February 2000, NSW Police records state:
“POI: [THE APPLICANT] (WHEREABOUT UNKNOWN) VIC:[65]…… ……. …… RELATIONSHIP: MARRIED FOR 9 YEARS. ……. SEPARATED FOR 9 MONTHS. PAST: …… DV. – THERE ARE MANY COPS EVENTS FOR DOMESTICS. THE VICTIM HAS A CURRENT AVO OUT AGAINST THE OFFENDER. PRESENT: SEE NARRATIVE 2 – BREACH AVO (NIL DOMESTIC OR ASSAULT). ILS: DONE. NIL FIND. FIREARMS: THE VICTIM BELIEVES THAT THE POI IS IN POSSESSION OF FIREARMS. HE HAS A PREVIOUS CHARGE FOR ILLEGAL POSSESSION OF PISTOL. PRESENT: THE POI …… UP AT AN ADDRESS AT …… …… …… HE HAS SEEN THE VICTIM WALKING PAST THE ADDRESS AND COME OUT AND ABUSED HER. HE HAS THEN DRIVEN OFF. THERE IS A LENGTHY …… D.V. AND VIOLENCE BETWEEN THEM. WHEN POLICE ARRIVED, THE VICTIM INFORMED POLICE THAT HE HAS BREACHED HIS AVO. FURTHER ENQUIRIES REVEAL THAT THERE IS NO ENFORCEABLE AVO AS PREVIOUSLY THOUGH. AVO: THERE WAS AN INTERIM AVO TAKEN OUT ON 7.2.00, BUT IS NO LONGER ENFORCEABLE. THE VICTIM WILL REQUIRE AN AVO AS SHE IS TERRIFIED OF THE POI. THE FOLLOWING CONDITIONS ARE REQUESTED: 1. NOT TO ASSAULT, …… 2. NOT TO GO WITHIN 200 METRES OF HER PREMISES AT ……… 3. NOT TO CONTACT 4. NOT TO APPROACH.”[66]
[65] SD.
[66] Exhibit 7, RTB1, p 69.
On 30 May 2000, NSW Police records state:
“POI 1: …… POI 2 …… POI 3 …… POI 4 [the Applicant] VEH 1: 1998 Daewoo Leganza Sedan, Blue. VEH 2: 1999 Mitsubishi Magna Sedan, White…………About 3.30pm on Tuesday the 30th May 2000 POI3 drove VEH2 in a northerly direction along the Hume …… Yass. He was alone in the vehicle and …… was checked at 138km in the 110kmh zone. POI4 was driving VEH1 a short distance behind VEH2 at 140kmh. police stopped both vehicle near Reardon’s Road. POI3 stated that his licence was disqualified. He supplied the name “……” POI4 stated that his licence was disqualified. He supplies the name “[redacted]”. An RTA check could not find any licence record for either of these names. They were arrested and taken to Yass Police Station for further enquiries. POI1 was the front passenger in VEH1. POI2 was a rear seat passenger in that vehicle with her 10 month old baby. POI1 stated that he had a licence but did not have it with him. …… that a friend of his ……the car for him and his fiancee to drive to Adelaide on the previous Friday (26/05/00). They were returning home to Sydney when he got tired at the Yass Service Centre and could drive no further. ……POI3 & 4 to come down to Yass from Sydney to pick him and the car up. POI1 then drove VEH1 back to Yass, following the Police Vehicle. Licence checks later revealed that POI1s licence was disqualified til 3/8/2000. ……that ……knowledge of this. PO3s licence was disqualified til 11/8/2001. PO4s licence was cancelled for demerit points from 16/9/98 and later for fine default. At First Instance Warrant Number …… for revocation of parole was in existence for POI3. At the Yass police Station POI1 consented to a search of …..vehicle in his presence. A black suitcase containing two vacuum sealed bags with a large quantity of green vegetable matter (4.84g) was located in the rear cabin of the vehicle. POI1 & 2 declined to participate in any interviews about the matters. The gross weight of the green vegetable matter in the suitcase was estimated to be in excess of five kilograms. POI1 and POI2 were charged with the Deemed Supply of this cannabis, the possession of it and the possession of the small quantity of green vegetable matter. POI1 was charged with Disqualified Driving. VEH2 was brought back to the Yass Police Station and searched. A white plastic shopping bag labelled “Drake Food Markets” was located under the front passenger’s seat. The bag contained 3 clear resealable sandwich bags each with about 32 grams of green vegetable matte inside. Total gross weight was 95.33 grams/ POI3 declined to be interviewed in relation to any matter. He was charged with Possession of this Cannabis and Disqualified Driving. $990 cash was located in a rubber band covered bundle in POI4s jacket. This consisted of 15 x $50 notes, 11 x $20 notes and 2 x $10 notes. ……in an ERISP interview that ……knowledge of the drugs. He had only offered to drive down from Sydney to Yass with POI3 as a favour to POI1 to pick him and …… up. ……that the money belonged to POI3s wife, that it was in fact banking from her Hair Dressing Business in Sydney. The money was seized and further enquiries are continuing re Goods in Custody. POI4 was charged with Cancelled Driving.”[67]
[67] Exhibit 7, RTB1, p 68.
On 10 July 2000, NSW Police records state:
“On Monday 10/-7/2000 about 5.40pm Police received information in relation to a stolen silver celica sedan. About 4.55pm that date, Police observed the vehicle was it turned right from Gilcrist Rd into Kellicar Rd, heading north. The vehicle was stopped and the driver spoken to and provided a licence. He was then spoken and informed that the vehicle was stolen. ……unaware that the veh was stolen and provided details of the person he obtained the veh from. He also stated he had been driving the veh of the past few days. …… he was staying at the persons home who gavehim the veh to drive. He was then arrested. Also in the veh was …… …… She was questioned and searched and allowed to leave. The driver …… …… was conveyed to Campbelltown P/S He was interviewed by way of ERISP. Campbelltown Ds were consulted about the matter. Prior to the interview of …… person who gave him permission use the vehicle to attended the Station. …… …… confirmed that she had given …… veh. She stated that she was unaware that the veh was stolen and had been given the veh in the 5th (day veh stolen) by her ex-husband [the Applicant]. At this point the ex-husband [the Applicant] attended the station to report on bail. Unaware of the situation unfolding. The ERISP of the driver …… concluded, and due to the fact he was unaware of the veh status allowed to leave. [The Applicant] was arrested in the foyer and take to the charge room. …… then gave a statement to Police about the acquisition of the vehicle. This statement was confirmed by the passenger in the veh …… who also gave a statement saying [the Applicant] gave his wife …… the veh. [The Applicant] was then interview by ERISP and denied any knowledge of the veh. The veh was recovered intact with no damage. THE PLATES WERE MISSING. The vehs keys were being used as they had been stolen from the owner address some 3 weeks prior to this event by persons unknown. It is believed that …… not …… that the veh was stolen and after consultation with Ctown Ds, no action was taken against …… Due to the statement by [the Applicant] no action has been taken against him at this time. Both …… were allowed to leave. [The Applicant] denies any involvement in the offence and claims to ……at his work at the time mentioned by his ex-wife/witness. [The Applicant] …… direct involvement in the vehicle, as another unknown male drove the veh to his ex-wife ……persons involved are of dubious reliability and have history for drug supply. After consultation with Campbelltown Ds it is not proposed to take any criminal action against the POIs. After speaking with the original civilian informant in relation to any traffic offences, it is not considered possible to take action in relation to any offence. An intel report will be submitted in relation to all persons dealt with.”[68]
[68] Ibid, RTB1, p 67.
On 3 October 2000, the Applicant was convicted in the Campbelltown Local Court of assault (5 counts), being in possession of stolen goods, possession of an unauthorised firearm (2 counts), contravention of an ADVO, possession of a prohibited drug and driving a vehicle with a cancelled license. (3 counts). He was sentenced to 6 months imprisonment (suspended), fined, ordered to undertake community service and disqualified from holding a driver’s license for 10 years.[69]
[69] Exhibit 3, G3, Attachment A, p 45.
On 1 November 2000, NSW Police records state:
“POI1 [THE APPLICANT]…… POI2; …… …… …… VEH; …… LOCATION 1’ STURT HWY, 10 KMS WEST OF NARRANDERA LOCATION 2; DOCK AREA POLICE STATION, NARRANDERA DRUG 1; 7.632 KILOGRAMS OF CANNABIS DRUG 2; 18 WHITE TABLETS, 1 YELLOW TABLET. ABOUT 6.40AM, 1/11/00 POLICE WERE PATROLLING THE STURT ……10 KILOMETRES WEST OF NARRANDERA. ABOUT THIS TIME POLICE OBSERVED A WHITE FORD FAIRLAINE SEDAN WITH SOUTH AUSTRALIAN REGISTRATION PLATES TRAVELLING EAST. THE SPEED OF THE VEHICLE WAS CHECKED AT 110 KILOMETRES PER ……100 AREA. THERE APPEARED TO BE ONE PERSON ON BOARD AND POLICE HAVE DECIDED TO STOP THE VEHICLE TO SUBMIT THE DRIVER TO A ROADSIDE RANDOM BREATH TEST. THE VEHICLE WAS THEN STOPPED AND THE REGISTRATION WAS NOTED AS ……., SA. IT WAS ALSO NOTED THAT THE VEHICLE WAS A ……POLICE HAVE APPROACHED THE VEHICLE AND IT WAS OBSERVED THAT THERE WERE 2 OCCUPANTS IN THE VEHICLE. POI2 WAS IN THE DRIVER’S SEAT AND POI WAS WAS IN A RECLINED POSITION IN THE FRONT PASSENGER SEAT. POI2 WAS ASKED TO PRODUCE HIS LICENCE WHICH …… WAS ASKED SEVERAL QUESTIONS ABOUT HIS JOURNEY AND DRINKING. HE WAS THEN BREATH TESTED WHICH PROVED NEGATIVE. THE DRIVER WAS THE TOLD THAT A STATUS CHECK WAS GOING TO BE CARRIED OUT ON HIS LICENCE. A ROUTINE COMPUTER CHECK WAS THEN CARRIED OUT VIA POLICE RADIO ON THE DRIVER’S LICENCE AND CRIMINAL HISTORY. AS A RESULT OF THIS RADIO CONVERSATION IT WAS DECIDED TO SEARCH THE VEHICLE. POLICE ……RETURNED TO THE DRIVER AND ASKED FOR PERMISSION TO SEARCH THE VEHICLE WHICH WAS GIVEN. THE DRIVER HAS THEN BEEN ASKED TO OPEN THE BOOT OF THE VEHICLE. HE HAS THEN ACCOMPANIED POLICE TO THE REAR OF THE VEHICLE WHERE IT WAS OBSERVED THAT INSIDE THE BOOT WAS A GREEN SAMSONITE SUITCASE AND A BLACK AND WHITE DAVID JONES SHOPPING BAG. THE DRIVER WAS THEN ASKED WHO OWNED THE SUITCASE, TO WHICH ……, “ THAT’S ME MATE’S ” “AS HE SAID THIS HE INDICATED POI1. POLICE ……GONE TO THE PASSENGER SIDE OF THE VEHICLE AND INDICATED POI1. POLICE ……GONE TO THE PASSENGER SIDE OF THE VEHICLE AND INDICATED FOR POI1 TO COME TO THE REAR OF THE VEHICLE. POI1 HAS COMPLIED WITH THIS REQUEST AND WHEN ……. AT THE REAR OF THE VEHICLE. POI1 HAS COMPLIED WITH HIS REQUEST AND WHEN …… AT THE REAR OF THE VEHICLE HE WAS ASKED IF …… OWNER OF THE SUITCASE, TO WHICH ……, “YES”. POI1 WAS THEN ASKED TO OPEN THE SUITCASE TO WHICH HE COMPLIED. UPON OPENING THE SUITCASE THE POI1 TOLD POLICE THAT THE DIVIDERS ON THE SUITCASE WERE STUCK AND HE COULD NOT OPEN THEM, POLICE ……MOVED THE DIVIDER SLIGHTLY AND THROUGH THE OPENING COULD BE SEEN A CLEAR PLASTIC BAG WITH A SHOPPING BAG ON THE INSIDE. POI1 HAS THEN COMPLIED WITH THE DIRECTION TO FULLY OPEN THE SUITCASE AND A NUMBER OF CLEAR PLASTIC BAGS WERE SEEN EACH CONTAINING 3 SHOPPING BAGS WITH WHAT APPEARED TO BE CANNABIS INSIDE. THE POI1 WAS THEN ASKED WHAT WAS IN THE BAGS TO WHICH ……, “ DON’T KNOW.” . HE WAS THEN CAUTIONED AND ARRESTED AND CONVEYED TO NARRANDERA POLICE STATION WHERE HE WAS DECLINED TO BE ELECTRONICALLY INTERVIEWED. WHILST AT THE NARRANDERA POLICE STATION A FURTHER SEARCH WAS MADE OF THE POI1 PROPERTY AND A TOTAL OF 19 TABLETS WERE LOCATED IN THE POCKET OF A PAIR OF TROUSERS WHICH WERE LOCATED IN THE SUITCASE. THE POI1 DENIED KNOWLEDGE OF THE TABLETS AND DECLINED TO BE INTERVIEWED ABOUT THEM. HE WAS THEN CHARGED WITH THE MATTERS NOW BEFORE THE COURT AND GRANTED CONDITIONAL BAIL.”[70]
[70] Exhibit 7, RTB1, p 66.
On 16 December 2000, NSW Police records state:
“About 8.30pm on Saturday 16 December, 2000 police were patrolling Edmonson Avenue Austral. When near the intersection of 13th Avenue they ten observed a motor vehicle to be travelling in a Northerly direction well in excess of the 60 KPH prevailing speed limit applicable to that area. Police then released the beam on Kustom Silver Eagle Radar Serial No. 230 for a period of 4 seconds in which this vehicle registered 87KPH in the 60 KPH area. Police then signalled this vehicle to stop and it was then seen that the registration was ……, a black coloured 1992 Nissan NZ Coupe. Police spoke to the defendant [the Applicant] about the speed and when asked to produce his drivers licence said, “I don’t have it with me.” The defendant was then asked to state his full name and place of abode in which …………. The defendant was asked whether these details were correct in which he stated, “Yes.”. Police then spoke to the passenger in the defendants motor vehicle and this person gave a name of …… . the defendant was spoken to again and admitted to giving police a different name but stated that …… was his real name. he then gave his date of birth and an address of …… . A number of checks were carried out via police computer and these revealed no know details for ……, but details of a [the Applicant]. , Details of [the Applicant] revealed that …… a New South Wales drivers licence No. …… but this had been disqualified from the 3.10.00 to 2.10.10. the defendant was again spoken to and he admitted to being [the Applicant]. When asked why he gave police a false name and place of abide he said, “It was stupid”. The defendant was then issued Field Court Attendance Notices for the matters now before the court. At the time of this offence it was dark, the weather was fine, roadway was dry bitumen and traffic was light. During the period of the speed check the defendant pas nil intersections on ……and left nil collisions occurred.”[71]
[71] Ibid, RTB1, pp 65-66.
On 1 February 2001, the Applicant was the subject of an AVO made in the Campbelltown Local Court to protect his former wife, SD and two infant children.[72] He was also convicted in the Liverpool Local Court of speeding, driving while disqualified and giving a false name. He was fined.[73]
[72] Ibid, RTB2, p 117.
[73] Exhibit 3, G3, Attachment A, pp 45-46.
On 10 July 2001, NSW Police records state:
“the victim[74], currently lives with her boyfriend, …… and three children. Prior to …… living with ……, she was married to [the Applicant] for a period of eight years. As a result of this they have two children aged, 10 and 6. Approximately two years ago, ……. and [the Applicant] now known as the defendant on this matter separated due to ongoing domestic violence. This resulted in the victim, …… being granted a Domestic Violence Order for a period of ten years. Standard conditions apply in the order in that the defendant must not engage in conduct that intimidates the protected person. The defendant must not assault, molest, harass, threaten or otherwise interfere with the protected person. The defendant must not go within 100 metres of the premises at which the protected person resides. On Monday 9 July 2001 at 5,30pm the victim was returning ……shopping when she saw a white magna sedan registered number …… parked outside her house. The victim saw the defendant get out the vehicle along with the defendant’s friend known as …… . The victim walked toward the defendant and said to the defendant, “wait here”. The defendant pushed the victim with both hands to both shoulders, forcing …… his way and said “Just move”. The defendant has entered the house uninvited and went upstairs to where his two children were playing. The victim followed behind the defendant and repeatedly asked for him to leave the premises. On each occasion …… at her request. Soon after, the defendant entered the victims bedroom and began looking at various articles within. The victim asked him to leave. The defendant grabbed the victim by both arms throwing her down onto the bed. As a result of this, the wooden slats on the bed broke free crashing to the floor. This caused the victims boyfriend, …… to become involved. …… asked for the defendant to leave the victim along and to leave. As a result, the defendant walked toward ….. . …… has grabbed a wooden table leg, raising it at the defendant, striking ……on the forehead, causing a laceration to the defendants head. The defendant and …… ……become involved in an altercation, in the bathroom, resulting in the shower glass shield being cracked. The fight has then moved downstairs and eventually outside the front of the premises. Whilst the fight was ……the victim, ran from the …… her children and remained on the front lawn. Once the defendant and …… were on the front lawn, the defendant’s friend, …… …… grabbed the wooden club and began hitting …… on ……. Number of times. …… was still fighting with the defendant whilst he was being hit with the wooden club by ……. As a result of the assault by ……, ……. sustained a number of large welts and bruising to ……..and upper back. Once the fight ended between …… and the defendant, the defendant picked up a brick and threw it at the front dining room window of the victim’s house, causing the glass to crack. Soon after, the defendant and ……. then decamped in motor vehicle described. As a result the victim called police, who attended a short time later. On arrival to the house, police were escorted upstairs where the walls lining the stairway and bathroom floors and walls were splashed with blood. A jumper …… was wearing at the time of the assault was seized as it ……large quantity of the defendant’s blood on it. Furthermore, police were informed the defendant at the time of the assault was in possession of a large amount of drugs, namely being amphetamines. Further information revealed the defendant is well known to carry and use firearms. As a result, Macquarie Fields 10 was in attendance and arrangements made for the scene to be photographed. Statements were obtained from both victim’s, ……. & ……. As a result, [the Applicant] is known to carry a number of fake identifications. Furthermore, …… …… is also wanted in relation to this matter for the assault upon …… . It is advised if spotted, police should approach persons with caution and back up.”[75]
[74] SD.
[75] Exhibit 7, RTB1, pp 64-65.

On 23 August 2001, the Applicant was the victim of a home invasion. It seems improbable that this was a random attack. NSW Police records (dated 24 August 2001) state:
“About 2.00pm on Thursday the 23rd of August, 2001 the victim [the Applicant] attended Camden Police Station. Police wished to speak to [the Applicant] in relation to a ……. At …… in which he had been an occupant. The ……been burnt down by unknown person/s on 15.08.01 …… . At the time [the Applicant] attended Camden Police Station …….. black eyes and an injured right eye. [The Applicant] stated he received the injuries as a victim of a home invasion at …… ……. . [The Applicant] stated he was …… at ……. On the evening on Monday 13th of August, 2001 watching television in the lounge room. He fell asleep on the lounge and awoke around 3.00am to the sound of the slide sliding door slamming. Three men not further described came into the lounge room and the victim was struck a blow across the right side of his face by some type of hard object. The victims ……. Tied behind his back and then tied to bindings around …… ……he was then punched and kicked repeatedly about the ……. He was punched and kicked for about half an hour before he fell unconscious. [The Applicant] claims ….. about 5.00am that morning and found the ……been totally ransacked. He was bleeding from the head and face and was suffering from a stab wound to the left buttock which was also bleeding. ……. His clothes and left the house as it was. At that time all the external doors of the …… open and …… attempt to secure same. He made …… a nearby service station where ……a taxi. The taxi arrived and took him to Liverpool hospital where he remained for the following four days before being release. The day after the home invasion, Wednesday the 15th August, 2001. the house at …… …… was destroyed by fire. Crime scene examination indicates three fire seats where an accelerate was used. One of the living room walls of the ……been damaged by a shotgun blast and two unspent shotgun shells were located in the living room…… . prior to the fire and home invasion the ……been occupied by the victim [the Applicant], ……. And his wife …… Both [the Applicant] and …… have lengthy criminal ……for drug, firearm and other related offences. There is extensive intelligence which suggests both are involved in drug supply and distribution both locally and interstate. [The Applicant] and …… ……interviewed at length in relation to the home invasion and fire. Both claim they have no idea who is responsible and could not offer any explanation for the incidents. On the day [the Applicant] reported the home invasion to Camden Detectives he was also interviewed in relation to a number of other matters which he was Wanted for. He was subsequently charged on 23.08.01 with Assault, Mal Damage, Breach AVO, and 4 X First Instance Warrants including one warrant for Revocation of Parole. He currently remains in custody and is to serve 13 months imprisonment for Revocation of Parole. To date …… been sentenced on the other matters.”[76]
[76] Ibid, RTB1, pp 63-64.
On 27 April 2001, the Applicant was convicted in the Downing Centre Local Court of possession and supply of a prohibited drug. He was fined.[77]
[77] Exhibit 3, G3, Attachment A p 44.
On 12 June 2001, an application was made by prison authorities to revoke the Applicant’s periodic detention order due to his unsatisfactory attendance.[78]
[78] Exhibit 7, RTB2, p 121.
On 23 August 2001, the Applicant was remanded in custody.[79]
[79] Exhibit 3, G3, Attachment A p 44.
On 18 January 2002 the Applicant was involved in a fight in prison.[80]
[80] Exhibit 7, RTB2, p 120.
On 28 February 2002, the Applicant was convicted in the Campbelltown Local Court of supplying a prohibited drug and driving disqualified. He was sentenced to 20 months imprisonment with a non-parole period of 15 months.[81]
[81] Exhibit 3, G3, Attachment A p 44.
In his sentencing remarks Magistrate Stoddart said:
“BENCH: Yes [the Applicant], I do take into account all those matters that Mr [D] has put to me on your behalf sir and I’ve dismissed those other charges that you have pleaded not guilty to. To your credit, you pleaded guilty to the serious matter of supply drug over seven kilos and you are in custody and to your credit, you surrendered yourself, gave yourself and you have been in custody since August last year and I have to take that into account. I also take into account that you did surrender yourself. Now your record has been referred to, and that is shocking. Terrible traffic record. I think it was about six or so previous drive whilst licence cancelled or disqualified and then the other matter is the criminal record, been referred to and certainly reflected in your record. The assaults, the fire arms offences and you have certainly been given opportunities. Bonds, community service, periodic detention and you haven’t complied with that and you are currently serving time in respect of the breach if the periodic detention orders but certainly the drug matter is a most serious matter but there is not many people would come before the Court that go to the police station and basically throw their hands up and say well, here I am so that certainly has to be taken into account, in my view, with your plea of guilty. It seems that whilst you have been in custody, Mr [D] has referred to, that you have been doing something for yourself and that is good to see because with this record, if this sort of behaviour continues, when you are released you could expect to spend most of your life in gaol and certainly that is not a very goof thought for yourself and your family.
In relation to the breach of community service, you have done most of that, I take that into account, but of course that was an alternate to a gaol sentence and in my view has to be dealt with by way of a custodial sentence. Same with the drive whilst disqualified. You have got so many matters on the list and that is basically in contempt of court. In my view that has to be dealt with by way of a custodial sentence and also the drug matter and bear in mind what the Court if Criminal Appeal has said in relation to these matters but I do take into account those matters in your favour and I am prepared to reduce the sentence and give you the benefit of the time that you have spent albeit you are there on other matters in any case.
IN RELATION TO THE SUPPLY DRUG MATTER YOU ARE CONVICTED. YOU ARE SENTENCED TO A TERM OF TWENTY MONTHS IMPRISONMENT, A NON-PAROLE PERIOD OF FIFTEEN MONTHS, ADDITIONAL PERIOD OF FIVE MONTHS. THAT ADDITIONAL PERIOD IS SUBJECT TO PROBATION AND PAROLE SUPERVISION. I AM PREPARED TO BACK DATE THE SENTENCE UNTIL 23 AUGUST WHEN YOU WENT INTO CUSTODY. THAT MEANS YOUR RELEASE DATE WILL BE 22 NOVEMBER THIS YEAR. THE DRUGS TO BE DESTROYED.
IN RESPECT OF THE DRIVE WHILST DISQUALIFIED, EIGHT MONTHS SENTENCE OF IMPRISONMENT. I AM PREPARED TO MAKE THAT CONCURRENT. YOU ARE DISQUALIFIED FOR A FURTHER PERIOD OF TWO YEARS AND IN RELATION TO THE BREACH OF COMMUNITY SERVICE ORDER WHICH IS ADMITTED, THAT ORDER IS REVOKED AND YOU ARE SENTENCED TO TWO MONTHS. THAT IS A CONCURRENT SENTENCE.”[82]
[82] Ibid, G11, Attachment G, pp 103-104.
On 8 April 2002, the Applicant tested positive for methamphetamine in a prison urine test.[83]
[83] Exhibit 7, RTB2, p 119.
A Probation and Parole Report dated 29 August 2002, relevantly states:
“[The Applicant] states that his first custodial sentence has had significant effect on him and that when he is released from custody he wants to develop a stable life in the community. He further states that he hopes to re-establish contact with his ex-wife and children, is possible to live with them again but otherwise to provide ongoing support, as he did when they have been separated in the past.
……
Without the support of other family members after his arrival in Australia, [the Applicant] appears to have established other connections in this society. He was married for seven years to an Australian woman and has a son from the union and he states, a strong relationship with his step son. However, there was instability in the relationship and the marriage ended in 1999. Despite his claims that he had ongoing contact with his sons after the divorce, the difficulties in the relationship have continued and he currently does not know where they live. Despite this, he states that it is his intention to contact his wife on release and attempt a reconciliation. Having held a number employment positions, [the Applicant] formed a friendship and business relationship and has the offer of accommodation and employment with this man.”[84]
[84] Ibid, RTB2, pp 137-138.
The Applicant’s claim (above) to have seen the error of his ways, is strikingly similar to other statements that he would make over the ensuing 20 years, including to this Tribunal. This has a significant bearing on the weight to be given to such assurances.
On 18 February 2003, NSW Police records (dated 18 June 2003) state:
“about 5.55pm on Tuesday the 18th of February, 2003 the defendant, …… was the driver of a 1997 Mitsubishi sedan registration number ……travelling North along Melbourne Rd, St Johns Park which is a 40kphh sign posted area. When about 200 metres south of Caulfield Cres, the speed of his vehicle was checked by S/Con [G] of Fairfield Highway Patrol on a LIDAR Instrument to be 57kph in a 40kph zone. The vehicle was subsequently stopped and the defendant spoken to. The defendant was asked to produce his licence to which he produced a licence which resembled a NSW Drivers Licence in the name of …… …… The defendants photograph appeared on that licence. The defendant was asked if …… person named on the licence and if he still resides at the address shown on his licence to which …… “Yes”. S/Con [G] then prepared the defendant an Infringement Notice No …… for the offence of Exceed Speed Limit Under 15kph. The defendant was then made to leave. On Monday the 16th June, 2003 the defendant …… was arrested on the Hume Highway, St Andrews for unrelated matters. At that time, he produced to police the same licence which resembled a NSW Drivers Licence in the name of …….. …….. . As a result of this arrest, further enquiries were made in relation to the identity of the defendant and possession of a replica which displayed his photograph however, the details on that licence belonged to a different person. This fake licence was seized by police and entered as an exhibit. On 18th of June, 2003 S/Con [G] attended Eagle Vale Police where he made further enquiries in relation to the licence produced to …… defendant on the 18th of February, 2003. S/Con [G] positively identified the defendant …… to be the driver of the vehicle ……. At the time of the offence on 18.2.2003 at St Johns Park. A RTA check under the defendants details revealed that on the 18th of February, 2003 the defendant was a disqualified driver from 11.8.99 until 11.8.2015 and is declared as being a Habitual Disqualified Driver. The Infringement Notice in the name of …… ……. Has been cancelled as a result of these enquiries. The defendant is now charged with the Following Offences: 1 x Disqualified Driver, 1 x State False Name and Address, 1 x Exceed Speed Under 15kph, 1 x Possess Thing Like Australian Drivers Licence with intent to Deceive, 1 x Fraudulently Use Drivers Licence.”[85]
[85] Ibid, RTB1, pp 62-63.
In early 2003, the Applicant commenced a relationship with JH. They remained together on and off for some years, though they have been separated for many periods, for instance when the Applicant has been imprisoned. JH had an unsuccessful, abusive relationship with another man during one of the Applicant’s terms of imprisonment.[86] The relationship with JH appears now to be totally estranged.
[86] Exhibit 3, G19, Attachment L, p 142 and Exhibit 7, RTB3, p 299.
On 16 June 2003, NSW Police records state:
“About 3.30pm on Monday the 16th of June, 2003 whilst police from Macquarie Fields Highway Patrol (S/Con [K]/Cst [J]) were patrolling Hume Highway, Cross Roads they observed a 1997 Mitsubishi sedan engine number ......... displaying registration plates ......... travelling south along Hume ......... Glenfield. A RTA registration check was carried out on the plates ......... which revealed that the registration had expired on 27.5.2003 belonging to .......... At the time, police observed the defendant, ......... to be the driver of that vehicle and front passenger being, [the Applicant]. . . Police continued to follow the vehicle south along Hume Highway where with the assistance of other police vehicle, the Mitsubishi sedan was caused to be stopped for the offences of Unregistered and Uninsured Vehicle about 300 metres north of Raby Road overpass at St Andrews. The defendant was then approached and spoken to regarding the vehicle being unregistered and uninsured to which he stated "It's my mates wifes car." . The defendant was then asked to produce his licence to which he produces a NSW Drivers Licence in the name of ......... (RE-PRODUCED LICENCE) . Whilst speaking to the defendant, it was noticed that .........the drivers door and was seen to lock the drivers door with the car keys. The passenger [the Applicant] also was seen to exit the vehicle. . Whilst speaking to ........., it was noticed that he appeared to be nervous. Police asked .........had any illegal property in his vehicle to which he stated "No", He was then asked if ......... objection in conducting a vehicle search to which he stated "No. Go ahead". The defendant then unlocked the drivers door whilst [the Applicant] was speaking on the other side of the vehicle to S/Con [N] (.........). Police then opened the drivers door and immediately smelt a strong odour of cannabis to be coming from the interior of the vehicle. Police then commenced to search the rear seat of the vehicle where a white coloured plastic bag was located in the middle portion of the rear seat. Another brown paper bag with the words 'colorado' was positioned next to the plastic bag. Police looked inside the plastic bag and identified a stronger odour of cannabis coming from the bag. Police then saw a clear plastic bag containing cannabis and a smaller clear plastic bag also containing cannabis. Police further searched the interior of the vehicle. Police then spoken to ......... and requested him to open to boot of the vehicle to which he complied. Police then looked inside the boot area and saw a white coloured rectangular carboard box where 4 large compressed plastic bags containing 'cannabis ......... inside this box. Also, a large Xerox Brand personal Laser printer S/N .................. and one Mitsubishi flatbed scanner S/N......... was located in the boot area as well. Both defendants were shown the drugs located and electrical equipment located in the vehicle. They were both cautioned and declined to answer any more questions. . Both defendants were searched at the scene and no further property was located on .......... However, [the Applicant] after being searched, a mobile phone was located on ......... together with the sum of $530 in cash (9 x $10 notes and 22 x $20 notes) in .........jeans pocket. Furthermore, a search of the front passenger area of the vehicle revealed further 3 mobile phones located in the console area which belonged to [the Applicant]. Both offenders were placed under arrest and ......... and were taken to Campbelltown Police Station where they were both introduced to the custody officer who administered Form 10A to both defendants regarding their rights. At Campbelltown Police Station both the defendants, ......... and [the Applicant] were taken to an interview room separately where the plastic bags containing 'cannabis ......... weighted on electronic scales in their presence. This procedure was recorded on a video camera. The total weight of the 'cannabis head' together with the plastic bags is 2.219 kilograms. A total street value of the cannabis is approx $5,000 dollars. During this time, the vehicle ......... was towed from the scene to Macquarie Fields Police Station where a further detailed search of the vehicle was conducted. As a result of this search, an Australian Passport in the name of ......... ......... ......... with the defendants photograph appearing in it together with an expired NSW Driver Licence in the name of ......... ......... ......... with a different photograph appearing on this licence were located inside the vehicle. As a result of this information, a detailed examination of the drivers licence produced by the defendant ......... at the scene, revealed that this licence has been Fraudulently reproduced with the defendant ........., taking up a different identity in the name of ......... This replica licence was not issued by the RTA. The defendant ........., was then taken to an interview room where he was cautioned and questioned regarding the entire incident, ......... declined to answer questions. The defendant ........., was further questioned regarding his identity and ......... admitted being ......... as he appeared in the Australian Passport located in the vehicle by stating "Yeah. That's me I have a warrant". Shortly after, [the Applicant] was taken to an interview room where he was cautioned regarding the entire incident, however, he declined to answer questions. As a result, both defendants voluntarily participated in a Forensic Procedure where DNA and fingerprint samples were obtained. This Forensic Procedure was recorded by utilising a video camera. The drug exhibits were sealed and entered in the Drug Exhibit Book Ref No ..........The property exhibits were entered in the Property Exhibit Book Ref No..........Police then further conducted RTA checks under the name of ......... which revealed that the defendant is currently a Disqualified Driver from 11.8.1999 until 11.8.2015 and is declared as being a Habitual Disqualified Driver. A further check under the name of ......... revealed that .........existence 1 First Instance Warrant for ......... for the offence of Breach of Periodic Detention. Both the defendants were then charged with the following offences: .........: 1 x State False Name and Address 1 x Disqualified Driver 1 x Unregistered Vehicle 1 x Uninsured Vehicle 1 x Fraudulently Use Licence 3 x Goods In Custody 1 x Supply Prohibited Drug (Cannabis) ------------ [the Applicant]: 1 x Supply Prohibited Drug (Cannabis) 3 x Goods in Custody. At the time of the offence, the weather was fine, dry roadway, heavy traffic. . Police Involved: S/Con [K] - Mac Fields HWP Con [J] - Mac Fields .........[N] – Mac Fields HWP LDSC CRAFT - Campbelltown Detectives Con [H] - Campbelltown Detectives D.I.O. - C/Ins [R] - Mac Fields LAC ********On Wednesday the 18th of June, 2003 police made further enquiries in relation to a number of mobile phones which were recovered in possession of the both defendants. One of those mobile phones being Nokia 5210 IMEI number ......... revealed that this mobile phone is a confirmed stolen item which belonged to .......... The phone was stolen between 3pm and 5pm on 25.3.2003 at Hoxton Park Pizza Hut. During the course of arrest and interview of [the Applicant], he admitted ownership of that mobile phone. A charge of Goods In Custody has been laid at Court.”[87]
[87] Exhibit 7, RTB1, pp 61-62.
On 16 June 2003, the Applicant was remanded in custody.[88]
[88] Exhibit 3, G3, Attachment A p 44.
On 4 December 2003, the Applicant was convicted in the Campbelltown Local Court of being in possession of stolen goods. He was sentenced to 68 days imprisonment commencing on 16 June 2003.[89]
[89] Ibid.
On 8 June 2004, NSW Police records (dated 23 June 2004) state:
“VEH: …… (Qld). White Renault Scenic .. POI [The Applicant] DOB: …… Credit Card [RR] VISA …… On Tuesday the 8th of June 2004 the POI hired a vehicle, …… (Qld), A Renault Scenic from budget Rent A Car desk in the Carpark of the Domestic Terminal. The vehicle was due to be returned on 11.6.04 however when it was not returned Budget Rent A Car rang the POI and left a message on …… phone. The POI returned the call and organised to extend the rental until 18/6/04. On this date 18/6/04 the vehicle was not returned. Further messages were left by Budget Rent A Car however they have not …… the POI. The last message that was left for the POI was on Wednesday 23/6/04. The message left was that if the POI did not contact Budget then they would report the vehicle stolen. About 4.30pm on Wednesday the 23rd June 2004 the P/R attended Mascot Police Station to report the incident. The POI used a Drivers Licence under the name of [the Applicant] however the credit card he used had the name [RR]. Attempts by the Budget to ring the POI have proved unsuccessful. …… To be completed.”[90]
[90] Exhibit 7, RTB1, p 60.

The Applicant has raised the issue of his personal safety if he were to return to Iran. The Applicant stated this in these terms in his Personal Circumstances form dated 31 July 2021:
“I will be abused by criminal or worst executed for changing by religion or god knows what.
……
I will be executed because I changed my religion and because of my marriage with a non muslim woman I don’t even know what will happen to me if I go to iran.”[231]
[231] Exhibit 3, G19, Attachment L, p 150.
I note that the Applicant has voluntarily travelled to Iran in 2016 and 2017[232] It is inconsistent with a genuine fear of persecution for the Applicant to have made these journeys.
[232] Ibid, G28, Attachment T, p 170.
I also note the DFAT Country Information Report Iran dated 14 April 2020.[233] In particular I note the following:
“Under Iranian law, a Muslim who leaves his or her faith or converts to another religion can be charged with apostasy. Separately, a person of any religion may be charged with the crime of ‘swearing at the Prophet’ (blasphemy) if they make utterances that are deemed derogatory toward the Prophet Mohammed, other Shi’a holy figures or divine prophets. The Penal Code does not specifically criminalise apostasy, but provisions in the Penal Code and the constitution stipulate that sharia applies to situations in which the law is silent, and judges are compelled to deliver sharia-based judgements in such cases. Although the Quran does not explicitly say that apostasy should be penalised, most Islamic judges in Iran agree that apostasy should be a capital crime. This ruling is based both on oral traditions attributed to the Prophet Mohammed and to Shi’a Imams, whom Shi’a consider the Prophet’s rightful successors. Chapter 5 of the Penal Code specifically criminalised swearing at the Prophet as a capital offence, although a clause states that the sentence can be reduced to 74 lashings of the whip if the accused states the insults were the result of a mistake or were made in anger.
Politically-motivated apostasy charges were frequent in the years following the Iranian revolution, often leading to death sentences. However, in the vast majority of cases, defendants charged with apostasy also faced other charges related to national security. Many of these cases were quickly tried, ending in execution, so apostasy was not fully discussed in the prosecution of these defendants.
While apostasy and blasphemy cases are no longer an everyday occurrence in Iran, authorities continue to use religiously-based charges (such as ‘insulting Islam’) against a diverse group of individuals. This includes Shi’a members of the reform movement, Muslim-born converts to Christianity, Baha’is, Muslims who challenge the prevailing interpretation of Islam (particularly Sufis) and others who espouse unconventional religious belief (including members of recognised religious groups). Some religiously-based cases have clear political overtones, while other cases seem to be primarily of a religious nature, particularly when connected to proselytisation.
Today, death sentences in apostasy and blasphemy cases are rare. In March 20017, the Supreme Court upheld the decision of a criminal court in Arak (Markazi Province) to sentence a 21 year-old man to death for apostasy. Authorities arrested the man after he made social media posts considered critical of Islam and the Quran while on military service. According to publicly available information, the death sentence had not been implemented at the time of publication. The court also convicted two co-defendants of posting anti-Islamic material on social media, sentencing them to prison.
DFAT assesses that those accused of religiously-based charges are also likely to face charges related to national security. They are unlikely to have adequate legal defence, and are likely to be convicted,”[234]
[233] Ibid, G33, Attachment Y, pp 199-271.
[234] Ibid, G33, Attachment Y, pp 234-235.
The Applicant in this case has provided very little detail about the basis for his claim that he is owed non-refoulment obligations. There is no independent evidence about his conversion to Christianity. On 26 March 2021, the Applicant completed a transfer check list for the NSW Dept. of Communities and Justice. In that he stated that he required a “religious friendly”, “Muslim” diet.[235]
[235] Exhibit 7, RTB2, pp 124-125.
The DFAT report (supra) does not suggest that a person would be subject to persecution in Iran by reason of a past marriage to a non-Muslim.[236] I note that there is no evidence before the Tribunal to confirm the fact of a past marriage, as opposed to a de facto relationship.
[236] Exhibit 3, G33, Attachment Y, p 199.
The Applicant is not the subject of a protection finding. I have considered the Applicant’s representations, but I have determined to proceed on the basis that if and when he applies for a protection visa, any protection claims that he may have will be assessed, as required by section 36A of the Act, before consideration is given to any character or security concerns associated with them.[237]
[237] Plaintiff M1/2021 v Minister for Home Affairs [2022] HCA 17.
The Applicant’s counsel also raised during submissions, the possibility of him facing indefinite detention. There are at least 2 problems with this submission. First of all, the Applicant is not detained at present and has not been since January 2023. Secondly, there is no protection finding or non-refoulment obligation determination, which could operate to prevent him being removed from Australia, and therefore detained for an indefinite period.
Conclusion: Other Consideration (a)
This other consideration is neutral.
(b) Extent of Impediments if Removed
Paragraph 9.2 of the Direction directs a decision-maker to take into account the extent of any impediments that the non-citizen may face if removed from Australia to their home country, in establishing themselves and maintaining basic living standards (in the context of what is generally available to other citizens of that country), taking into account:
(c)the non-citizen’s age and health;
(d)whether there are any substantial language or cultural barriers; and
(e)any social, medical and/or economic support available to that non-citizen in that country.
The Applicant is 50 years of age. He has not identified any health issues other than a self-reported history of mental health issues. This is uncorroborated by any relevant expert opinion. The Applicant has a history of poly drug abuse, but claims now to be drug free.
The Applicant did not come to Australia until he was 18. His parents and 2 of his siblings still live in Iran. There are no identifiable substantial language or cultural barriers in the sense that the Applicant is familiar with both. A significant adjustment to the new environment would however be required if the Applicant were to return to Iran. He has spent most of his life in Australia. He made it very clear to the Tribunal that he would not want to return to Iran and that the life there would be very difficult for him to adjust to. There is no question that this change would be very difficult for him to manage. It may impact on his mental health.
There is no evidence that the Applicant has any special medical needs, aside from a history of depression, for which he is presently not medicated.
The Applicant has remained in contact with his family in Iran. There would no doubt be a period of readjustment if he were to return there, however he has family support to assist him. His skills such as they are, would be transferrable.
Conclusion: Other Consideration (b)
This other consideration nevertheless weighs heavily in favour of revocation.
(c) Impact on victims
Paragraph 9.3 of the Direction directs a decision-maker to take into account the impact of the section 501 or 501CA decision on members of the Australian community, including victims of the non-citizen’s criminal behaviour, and the family members of the victim or victims, where information in this regard is available and the non-citizen being considered for visa refusal or cancellation, or who has sought revocation of the mandatory cancellation of their visa, has been afforded procedural fairness.
There is no evidence on this topic.
Conclusion: Other Consideration (c)
This Other Consideration is neutral
(d) Impact on Australian business interests
Paragraph 9.4 of the Direction directs a decision-maker to take into account the following:
Decision-makers must consider any impact on Australian business interests if the non-citizen is not allowed to enter or remain in Australia, noting that an employment link would generally only be given weight where the decision under section 501 or 501CA would significantly compromise the delivery of a major project, or delivery of an important service in Australia.
There is no evidence on this topic.
Conclusion: Other Consideration (d)
This other consideration is neutral.
Findings: Other Considerations
The application of the Other Considerations in the present matter can be summarised as follows:
(a)Legal consequence of decision: neutral.
(b)extent of impediments if removed: weighs heavily in favour of revocation.
(c)impact on victims: neutral.
(d)the impact on Australian business interests: neutral
CONCLUSION
It is necessary to weigh up all of the primary and other considerations.
Primary consideration 1 weighs extremely heavily against revocation.
Primary consideration 2 weighs extremely heavily against revocation.
Primary consideration 3 weighs slightly in favour of revocation of the cancellation of the Applicant’s visa.
Primary consideration 4 weighs slightly in favour of revocation of the cancellation of the Applicant’s visa.
Primary consideration 5 weighs extremely heavily against revocation.
Other Consideration (b) weighs heavily in favour or revocation of the cancellation of the Applicant’s visa.
The Applicant has been a serial offender. He has repeatedly committed very serious offences including family violence, firearms offences, drug offences and driving offences. He has breached bail and parole. He has ignored repeated warnings regarding the possible consequences of his offending for his visa. On the other hand, he has lived in this country for most of his adult life, he has children here from whom he is estranged, and he would undoubtedly find it very difficult to return to Iran.
In my view, the proper application of the Direction favours the Tribunal not exercising the discretion to revoke the cancellation of the Applicant’s Visa. I find that there is not “another reason” pursuant to s501CA (4)(b)(ii) to revoke the original decision.
DECISION
The decision under review is affirmed.

I certify that the preceding three hundred and six (306) paragraphs are a true copy of the reasons for the decision herein of Senior Member J Rau SC.

......................[sgnd].............................
Legal Associate

Dated: 26 May 2023

Date of hearing: 8 May 2023

Advocate for the Applicant:

Ms Marta Mamarot
Southwest Migration and Legal Services

Advocate for the Respondent:
Mr Max Gao
HWL Ebsworth Lawyers

Annexure A – List of Exhibits

Exhibit no.

Lodged by

Document

1

Applicant

Statement of Facts, Issues & Contentions filed 30 March 2023

2

Respondent

Statement of Facts, Issues & Contentions filed 21 April 2023

3

Respondent

G-Documents filed 29 November 2022

4

Applicant

Email re submissions on why App should remain in Australia filed 17 January 2023

5

Applicant

Tender Bundle filed 30 March 2023

7

Applicant

Tender Bundle filed 11 January 2023

Annexure B – Applicant’s Offending History

Court

Court Date

Offence

Court Result

Parramatta Local Court

29/06/1994

Breach of Domestic Violence Order

H 999992770245: NBC Conv S80AA Warrant to Issue for Penalty

Parramatta Local Court

29/06/1994

Assault S61

H 999992770244: NBC Conv S80AA Warrant to Issue for Penalty

Parramatta Local Court

23/10/1996

Assault (S80AA Warrant)

H 999992770246: Fine: $250

Parramatta Local Court

23/10/1996

Breach ADVO

H 999992770246: Rising of the Court

Camden Local Court

01/05/1997

Breach Apprehended Violence Order

H 4824784: Dismissed

Camden Local Court

01/05/1997

Breach Apprehended Violence Order

H 4824784: Dismissed

Camden Local Court

06/06/1997

Possn Proh Article

H 4824784: Recog S558: $500 3 Years Not to assault victim

Camden Local Court

06/06/1997

AOABH

H 4824784: Recog S558: $500 3 Years Not to assault victim

Camden Local Court

06/06/1997

Assault

H 4824784: Recog S558: $500 3 Years Not to assault victim

Campbelltown Local Court

15/07/1999

Licence cancelled drive vehicle cancelled for

H 14002201: Convicted S80AA Warrant to Issue

Campbelltown Local Court

15/07/1999

Possess prohibited drug

H 4908590: Convicted S80AA Warrant to Issue

Campbelltown Local Court

15/07/1999

Contravene apprehended domestic violence order

H 4908590: Convicted S80AA Warrant to Issue

Campbelltown Local Court

15/07/1999

Goods in personal custody reasonably suspected being stolen

H 4908590: Convicted S80AA Warrant to Issue

Campbelltown Local Court

15/07/1999

Common assault- T2

H 4908590: Convicted S80AA Warrant to Issue

Campbelltown Local Court

15/07/1999

Possess unauthorised firearm-pistol-T2

H 10770102: Convicted S80AA Warrant to Issue

Campbelltown Local Court

15/07/1999

Possess unregistered firearm-pistol-T2

H 10770102: Convicted S80AA Warrant to Issue

Campbelltown Local Court

15/07/1999

Goods in personal custody reasonably suspected being stolen

H 10770102: Convicted S80AA Warrant to Issue

Campbelltown Local Court

15/07/1999

Common assault- T2

H 5987344: Convicted S80AA Warrant to Issue

Campbelltown Local Court

14/02/2000

Assault beat and ill treat (First instance warrant - 33626659)

H 7582752: Convicted S80AA Warrant to Issue

Campbelltown Local Court

14/02/2000

Assault beat and ill treat (First instance warrant - 33614041)

H 7582752: Convicted S80AA Warrant to Issue

Campbelltown Local Court

14/02/2000

Assault beat and ill treat (First instance warrant - 33614033)

H 7582752: Convicted S80AA Warrant to Issue

Campbelltown Local Court

14/02/2000

Licence cancelled drive vehicle cancelled for

H 7582752: Convicted S80AA Warrant to Issue

Campbelltown Local Court

14/02/2000

Us uninsured motor vehicle

H 7582752: Fine: $600

Campbelltown Local Court

14/02/2000

Use unregistered vehicle on road area (not a trailer)

H 7582752: Fine: $600

Campbelltown Local Court

14/02/2000

Goods in custody – 80AA Warrant No. 33488639 (First Instance Warrant)

H 7536786: Convicted S80AA Warrant to Issue

Campbelltown Local Court

14/02/2000

Drive whilst licence cancelled – 80AA Warrant No. 33488583 (First Instance Warrant)

H 7536768: Convicted S80AA Warrant to Issue

Campbelltown Local Court

14/02/2000

Contravene AVO – 80AA Warrant No. 33488591 (First Instance Warrant)

H 7536768: Convicted S80AA Warrant to Issue

Campbelltown Local Court

14/02/2000

Assault – 80AA Warrant No. 33488604 (First Instance Warrant)

H 7536768: Convicted S80AA Warrant to Issue

Campbelltown Local Court

14/02/2000

Possess unauthorised firearm/pistol warrant No. 33488612 (First Instance Warrant)

H 7536768: Convicted S80AA Warrant to Issue

Campbelltown Local Court

14/02/2000

Possess unregistered firearm/pistol - 80AA Warrant No. 3348623 (First Instance Warrant)

H 7536768: Convicted S80AA Warrant to Issue

Campbelltown Local Court

14/02/2000

Assault - 80AA Warrant No. 33488647 (First Instance Warrant)

H 7536768: Convicted S80AA Warrant to Issue

Campbelltown Local Court

14/02/2000

Licence Cancelled drive vehicle cancelled for

H 7536768: Convicted S80AA Warrant to Issue

Campbelltown Local Court

14/02/2000

Possess prohibited drug

H 7536768: Convicted S80AA Warrant to Issue

Campbelltown Local Court

03/10/2000

Drive on road etc when licence cancelled

H 9152510: Fine $500

Campbelltown Local Court

03/10/2000

Drive whilst cancelled (First Instance Warrant)

H 8848119: Fine $200

Campbelltown Local Court

03/10/2000

Possess Prohibited drug (drug misuse and trafficking) (First Instance Warrant)

H 8848119: Rising of the Court

Campbelltown Local Court

03/10/2000

Common assault (First Instance Warrant)

H 8848119: Community Service Order without Cond: 100 hours Conc

Campbelltown Local Court

03/10/2000

Contravene apprehended domestic violence order (First Instance Warrant)

H 8848119: Community Service Order without Cond: 100 hours Conc

Campbelltown Local Court

03/10/2000

Common assault- T2 (First Instance Warrant – 33803184)

H 8848119: Community Service Order without Cond: 100 hours Conc

Campbelltown Local Court

03/10/2000

Common assault- T2 (First Instance Warrant – 33803168)

H 8848119: Community Service Order without Cond: 100 hours Conc

Campbelltown Local Court

03/10/2000

Common assault- T2 (First Instance Warrant – 33803125)

H 8848119: Community Service Order without Cond: 100 hours Conc

Campbelltown Local Court

03/10/2000

Common assault- T2 (First Instance Warrant – 33803096)

H 8848119: Community Service Order without Cond: 100 hours Conc

Campbelltown Local Court

03/10/2000

Possess Unauthorised Firearm (First Instance Warrant – 33803117)

H 8848119: Imprisonment – 6 months

Campbelltown Local Court

03/10/2000

Possess Unregistered Firearm (First Instance Warrant – 33803109)

H 8848119: Imprisonment – 6 months

Campbelltown Local Court

03/10/2000

Drive whilst cancelled (First Instance Warrant – 33803150)

H 8848119: Fine: $500

Campbelltown Local Court

03/10/2000

Drive whilst cancelled (First Instance Warrant – 33803070)

H 8848119: Fine: $250

Campbelltown Local Court

03/10/2000

Goods in custody (First Instance Warrant – 33803141)

H 8848119: Rising of the Court

Liverpool Local Court

01/02/2001

Drive while disqualified from holding a licence

H 10831431: Periodic detention: 16 months

Liverpool Local Court

01/02/2001

Class A m/v exceed speed > 15 km/h and <= 30 km/h

H 10831431: Fine: $400

Liverpool Local Court

01/02/2001

Driver/rider state false name or address

H 10831431: Fine: $300

Downing Centre Local Court

27/04/2001

Possess prohibited drug

H 10228957: Convicted s25(2) Warrant to issue

Downing Centre Local Court

27/04/2001

Supply a prohibited drug

H 10228957: Convicted s25(2) Warrant to issue

Campbelltown Local Court

28/02/2002

Drive while disqualified from holding a licence

H 76422890 Imprisonment: 8 Months

Campbelltown Local Court

28/02/2002

Supply a prohibited drug (First Instance Warrant)

H 76422890 Imprisonment: 20 Months

Campbelltown Local Court

28/02/2002

Application to revoke community service order

H 76422890 Imprisonment: 2 Months

Campbelltown Local Court

28/02/2002

Application to revoke community service order

H 76422890 Imprisonment: 2 Months

Campbelltown Local Court

28/02/2002

Application to revoke community service order

H 76422890 Imprisonment: 2 Months

Campbelltown Local Court

28/02/2002

Application to revoke community service order

H 76422890 Imprisonment: 2 Months

Campbelltown Local Court

28/02/2002

Application to revoke community service order (First Instance Warrant)

H 76422890 Imprisonment: 2 Months

Campbelltown Local Court

04/12/2003

Goods suspected stolen in/on premises (m/v)

H 19084155: Imprisonment: 68 days

Elizabeth Magistrates Court

30/06/2004

Producing a controlled substance

Warrant of apprehension

Liverpool Local Court

21/02/2005

Possess prohibited drug

H 43108202: Dismissed s 10

Liverpool Local Court

21/02/2005

Driver/rider state false name or address

H 43108202: Dismissed s 10

Liverpool Local Court

21/02/2005

Use unregistered vehicle on road area (not a trailer)

H 43108202: Dismissed s 10

Liverpool Local Court

21/02/2005

Drive while disqualified from holding a licence

H 43108202: Imprisonment 2 years

Campbelltown Local Court

06/03/2006

Possess prohibited drug

H 25024839: Imprisonment: 5 Months

Campbelltown Local Court

06/03/2006

Possess prohibited drug

H 25024839: Imprisonment: 5 Months

Bankstown Local Court

08/08/2006

Use false instrument w/i >$5000 & <= $15000-T1

H 27333187: Imprisonment: 9 months

Bankstown Local Court

08/08/2006

Make false instrument w/-value >$ 5000 & <=$15000-T1

H 27333187: Imprisonment: 9 months

Bankstown Local Court

08/08/2006

Responsible person/custodian not supply drivers particulars

H 27333187: $200 costs

Bankstown Local Court

08/08/2006

Negligent driving (not occasioning death/gbh)

H 27333187: $400 costs

Bankstown Local Court

08/08/2006

Drive while disqualified from holding a licence

H 27333187: Imprisonment: 12 months

Campbelltown District Court

28/09/2006

Drive while disqualified from holding a licence

H 27333187: Conviction Confirmed

Campbelltown District Court

28/09/2006

Use false instrument w/i >$5000 & <= $15000-T1

H 27333187: Conviction Confirmed

Campbelltown District Court

28/09/2006

Make false instrument w/-value >$ 5000 & <=$15000-T1

H 27333187: Conviction Confirmed

Campbelltown Local Court

16/03/2007

Possess prohibited drug

H 29824418: Imprisonment: 2 years

Campbelltown Local Court

16/03/2007

Not in adjusted/fastened/restraint (over 1yr but under 16)

H 29824418: Fine: $100

Campbelltown Local Court

16/03/2007

Drive while disqualified from holding a licence

H 29824418: Fine: $100

Campbelltown Local Court

16/03/2007

Drive while disqualified from holding a licence

H 29824418: Imprisonment: 16 months

Campbelltown District Court

16/07/2007

Drive while disqualified from holding a licence

H 29824418: Conviction confirmed

Campbelltown District Court

16/07/2007

Possess prohibited drug

H 29824418: Conviction confirmed

Parramatta District Court

17/11/2008

Possess ammunition w/o holding licence/permit/authority

H 33602711: Take into account on form 1

Parramatta District Court

17/11/2008

Possess unregistered unauthorised pistol in public place- T2

H 33602711: Imprisonment: 3 years

Parramatta District Court

17/11/2008

Supply prohibited drug >indict. quantity (not cannabis)-SI

H 33602711: Imprisonment 3 years and 9 months

Parramatta District Court

17/11/2008

Goods in personal custody suspected being stolen (not m/v)

H 33602711: Imprisonment: 6 months

Parramatta District Court

17/11/2008

Possess prohibited drug

H 33602711: Imprisonment: 6 months

Gosford District Court

10/12/2012

Supply prohibited drug >indict. quantity (not cannabis)-SI

H 47054715: Imprisonment: 3 years and 6 months

Gosford District Court

10/12/2012

Supply prohibited drug >indict. quantity (not cannabis)-SI

H 47054715: Imprisonment: 3 years and 9 months

Gosford District Court

10/12/2012

Possess/attempt to, prescribed restricted substance

H 47054715: Taken into account on form 1

Gosford District Court

10/12/2012

Supply prohibited drug >indict. quantity (not cannabis)-SI

H 47054715: Taken into account on form 1

Gosford District Court

10/12/2012

Possess prohibited drug

H 47054715: Taken into account on form 1

Burwood Local Court

14/11/2017

Drive in bus lane

H 65495459: Fine $350

Burwood Local Court

14/11/2017

Drive motor vehicle during disqualification period – 1st off

H 65495459: Bond s10: 2 years

Campbelltown Local Court

22/01/2019

Drive with motor vehicle during disqualification period – 2nd + off

H 69256147: Community correction order: 12 months

Bankstown Local Court

22/01/2019

Common assault (DV)- T2

H 71820329: Community correction order: 2 years

Campbelltown Local Court

05/03/2020

Drive with >=6mnths <4 yrs old not restrained as prescribed

H 74320574: Fine: $100

Campbelltown Local Court

05/03/2020

Drive with motor vehicle during disqualification period – 2nd + off

H 74320574: Intensive correction order (aggregate): 2 years

Campbelltown Local Court

05/03/2020

Drive with >= 7yrs <16 yrs old not restrained as prescribed

H 74320574: Fine: $100

Campbelltown Local Court

05/03/2020

Drive with motor vehicle during disqualification period – 2nd + off

H 142062001: Intensive correction order (aggregate): 2 years

Campbelltown Local Court

05/03/2020

Drive with motor vehicle during disqualification period – 2nd + off

H 74462380: Intensive correction order (aggregate): 2 years

Burwood Local Court

24/08/2020

Drive with motor vehicle during disqualification period – 2nd + off

H 735528912: Intensive correction order (aggregate): 7 months

Burwood Local Court

05/05/2021

Stalk/intimidate intend fear physical etc harm (domestic)- T2

H 77733258: Imprisonment (aggregate): 16 months

Burwood Local Court

05/05/2021

Stalk/intimidate intend fear physical etc harm (domestic)- T2

H 76739648: Imprisonment (aggregate): 16 months

Burwood Local Court

05/05/2021

Contravene prohibition/restriction in AVO (Domestic)

H 76739648: Imprisonment (aggregate): 16 months

Burwood Local Court

05/05/2021

Destroy or damage property (DV)

H 76739648: Imprisonment (aggregate): 16 months

Burwood Local Court

05/05/2021

Possess prohibited drug

H 75775934: s10A conviction with no other penalty

Burwood Local Court

05/05/2021

Drive with motor vehicle during disqualification period – 2nd + off

H 75775934: Imprisonment (aggregate): 16 months

Downing Centre District Court

12/08/2021

Stalk/intimidate intend fear physical etc harm (domestic)- T2

H 77733258: Order Confirmed: Imprisonment (aggregate): 16 months

Downing Centre District Court

12/08/2021

Contravene prohibition/restriction in AVO (Domestic)

H 76739648: Order Confirmed: Imprisonment (aggregate): 16 months

Downing Centre District Court

12/08/2021

Destroy or damage property (DV)

H 76739648: Order Confirmed: Imprisonment (aggregate): 16 months

Downing Centre District Court

12/08/2021

Stalk/intimidate intend fear physical etc harm (domestic)- T2

H 76739648: Order Confirmed: Imprisonment (aggregate): 16 months

Downing Centre District Court

12/08/2021

Drive with motor vehicle during disqualification period – 2nd + off

H 75775934: Order Confirmed: Imprisonment (aggregate): 16 months

[2023] AATA 1335

26 May 2023

Key Legal Topics

Areas of Law

Immigration

Administrative Law

Statutory Interpretation

Legal Concepts

Judicial Review

Procedural Fairness

Jurisdiction

Statutory Construction

Remedies

Date of hearing:	8 May 2023
Advocate for the Applicant:	Ms Marta Mamarot Southwest Migration and Legal Services
Advocate for the Respondent:	Mr Max Gao HWL Ebsworth Lawyers

Exhibit no.	Lodged by	Document
1	Applicant	Statement of Facts, Issues & Contentions filed 30 March 2023
2	Respondent	Statement of Facts, Issues & Contentions filed 21 April 2023
3	Respondent	G-Documents filed 29 November 2022
4	Applicant	Email re submissions on why App should remain in Australia filed 17 January 2023
5	Applicant	Tender Bundle filed 30 March 2023
7	Applicant	Tender Bundle filed 11 January 2023

Court	Court Date	Offence	Court Result
Parramatta Local Court	29/06/1994	Breach of Domestic Violence Order	H 999992770245: NBC Conv S80AA Warrant to Issue for Penalty
Parramatta Local Court	29/06/1994	Assault S61	H 999992770244: NBC Conv S80AA Warrant to Issue for Penalty
Parramatta Local Court	23/10/1996	Assault (S80AA Warrant)	H 999992770246: Fine: $250
Parramatta Local Court	23/10/1996	Breach ADVO	H 999992770246: Rising of the Court
Camden Local Court	01/05/1997	Breach Apprehended Violence Order	H 4824784: Dismissed
Camden Local Court	01/05/1997	Breach Apprehended Violence Order	H 4824784: Dismissed
Camden Local Court	06/06/1997	Possn Proh Article	H 4824784: Recog S558: $500 3 Years Not to assault victim
Camden Local Court	06/06/1997	AOABH	H 4824784: Recog S558: $500 3 Years Not to assault victim
Camden Local Court	06/06/1997	Assault	H 4824784: Recog S558: $500 3 Years Not to assault victim
Campbelltown Local Court	15/07/1999	Licence cancelled drive vehicle cancelled for	H 14002201: Convicted S80AA Warrant to Issue
Campbelltown Local Court	15/07/1999	Possess prohibited drug	H 4908590: Convicted S80AA Warrant to Issue
Campbelltown Local Court	15/07/1999	Contravene apprehended domestic violence order	H 4908590: Convicted S80AA Warrant to Issue
Campbelltown Local Court	15/07/1999	Goods in personal custody reasonably suspected being stolen	H 4908590: Convicted S80AA Warrant to Issue
Campbelltown Local Court	15/07/1999	Common assault- T2	H 4908590: Convicted S80AA Warrant to Issue
Campbelltown Local Court	15/07/1999	Possess unauthorised firearm-pistol-T2	H 10770102: Convicted S80AA Warrant to Issue
Campbelltown Local Court	15/07/1999	Possess unregistered firearm-pistol-T2	H 10770102: Convicted S80AA Warrant to Issue
Campbelltown Local Court	15/07/1999	Goods in personal custody reasonably suspected being stolen	H 10770102: Convicted S80AA Warrant to Issue
Campbelltown Local Court	15/07/1999	Common assault- T2	H 5987344: Convicted S80AA Warrant to Issue
Campbelltown Local Court	14/02/2000	Assault beat and ill treat (First instance warrant - 33626659)	H 7582752: Convicted S80AA Warrant to Issue
Campbelltown Local Court	14/02/2000	Assault beat and ill treat (First instance warrant - 33614041)	H 7582752: Convicted S80AA Warrant to Issue
Campbelltown Local Court	14/02/2000	Assault beat and ill treat (First instance warrant - 33614033)	H 7582752: Convicted S80AA Warrant to Issue
Campbelltown Local Court	14/02/2000	Licence cancelled drive vehicle cancelled for	H 7582752: Convicted S80AA Warrant to Issue
Campbelltown Local Court	14/02/2000	Us uninsured motor vehicle	H 7582752: Fine: $600
Campbelltown Local Court	14/02/2000	Use unregistered vehicle on road area (not a trailer)	H 7582752: Fine: $600
Campbelltown Local Court	14/02/2000	Goods in custody – 80AA Warrant No. 33488639 (First Instance Warrant)	H 7536786: Convicted S80AA Warrant to Issue
Campbelltown Local Court	14/02/2000	Drive whilst licence cancelled – 80AA Warrant No. 33488583 (First Instance Warrant)	H 7536768: Convicted S80AA Warrant to Issue
Campbelltown Local Court	14/02/2000	Contravene AVO – 80AA Warrant No. 33488591 (First Instance Warrant)	H 7536768: Convicted S80AA Warrant to Issue
Campbelltown Local Court	14/02/2000	Assault – 80AA Warrant No. 33488604 (First Instance Warrant)	H 7536768: Convicted S80AA Warrant to Issue
Campbelltown Local Court	14/02/2000	Possess unauthorised firearm/pistol warrant No. 33488612 (First Instance Warrant)	H 7536768: Convicted S80AA Warrant to Issue
Campbelltown Local Court	14/02/2000	Possess unregistered firearm/pistol - 80AA Warrant No. 3348623 (First Instance Warrant)	H 7536768: Convicted S80AA Warrant to Issue
Campbelltown Local Court	14/02/2000	Assault - 80AA Warrant No. 33488647 (First Instance Warrant)	H 7536768: Convicted S80AA Warrant to Issue
Campbelltown Local Court	14/02/2000	Licence Cancelled drive vehicle cancelled for	H 7536768: Convicted S80AA Warrant to Issue
Campbelltown Local Court	14/02/2000	Possess prohibited drug	H 7536768: Convicted S80AA Warrant to Issue
Campbelltown Local Court	03/10/2000	Drive on road etc when licence cancelled	H 9152510: Fine $500
Campbelltown Local Court	03/10/2000	Drive whilst cancelled (First Instance Warrant)	H 8848119: Fine $200
Campbelltown Local Court	03/10/2000	Possess Prohibited drug (drug misuse and trafficking) (First Instance Warrant)	H 8848119: Rising of the Court
Campbelltown Local Court	03/10/2000	Common assault (First Instance Warrant)	H 8848119: Community Service Order without Cond: 100 hours Conc
Campbelltown Local Court	03/10/2000	Contravene apprehended domestic violence order (First Instance Warrant)	H 8848119: Community Service Order without Cond: 100 hours Conc
Campbelltown Local Court	03/10/2000	Common assault- T2 (First Instance Warrant – 33803184)	H 8848119: Community Service Order without Cond: 100 hours Conc
Campbelltown Local Court	03/10/2000	Common assault- T2 (First Instance Warrant – 33803168)	H 8848119: Community Service Order without Cond: 100 hours Conc
Campbelltown Local Court	03/10/2000	Common assault- T2 (First Instance Warrant – 33803125)	H 8848119: Community Service Order without Cond: 100 hours Conc
Campbelltown Local Court	03/10/2000	Common assault- T2 (First Instance Warrant – 33803096)	H 8848119: Community Service Order without Cond: 100 hours Conc
Campbelltown Local Court	03/10/2000	Possess Unauthorised Firearm (First Instance Warrant – 33803117)	H 8848119: Imprisonment – 6 months
Campbelltown Local Court	03/10/2000	Possess Unregistered Firearm (First Instance Warrant – 33803109)	H 8848119: Imprisonment – 6 months
Campbelltown Local Court	03/10/2000	Drive whilst cancelled (First Instance Warrant – 33803150)	H 8848119: Fine: $500
Campbelltown Local Court	03/10/2000	Drive whilst cancelled (First Instance Warrant – 33803070)	H 8848119: Fine: $250
Campbelltown Local Court	03/10/2000	Goods in custody (First Instance Warrant – 33803141)	H 8848119: Rising of the Court
Liverpool Local Court	01/02/2001	Drive while disqualified from holding a licence	H 10831431: Periodic detention: 16 months
Liverpool Local Court	01/02/2001	Class A m/v exceed speed > 15 km/h and <= 30 km/h	H 10831431: Fine: $400
Liverpool Local Court	01/02/2001	Driver/rider state false name or address	H 10831431: Fine: $300
Downing Centre Local Court	27/04/2001	Possess prohibited drug	H 10228957: Convicted s25(2) Warrant to issue
Downing Centre Local Court	27/04/2001	Supply a prohibited drug	H 10228957: Convicted s25(2) Warrant to issue
Campbelltown Local Court	28/02/2002	Drive while disqualified from holding a licence	H 76422890 Imprisonment: 8 Months
Campbelltown Local Court	28/02/2002	Supply a prohibited drug (First Instance Warrant)	H 76422890 Imprisonment: 20 Months
Campbelltown Local Court	28/02/2002	Application to revoke community service order	H 76422890 Imprisonment: 2 Months
Campbelltown Local Court	28/02/2002	Application to revoke community service order	H 76422890 Imprisonment: 2 Months
Campbelltown Local Court	28/02/2002	Application to revoke community service order	H 76422890 Imprisonment: 2 Months
Campbelltown Local Court	28/02/2002	Application to revoke community service order	H 76422890 Imprisonment: 2 Months
Campbelltown Local Court	28/02/2002	Application to revoke community service order (First Instance Warrant)	H 76422890 Imprisonment: 2 Months
Campbelltown Local Court	04/12/2003	Goods suspected stolen in/on premises (m/v)	H 19084155: Imprisonment: 68 days
Elizabeth Magistrates Court	30/06/2004	Producing a controlled substance	Warrant of apprehension
Liverpool Local Court	21/02/2005	Possess prohibited drug	H 43108202: Dismissed s 10
Liverpool Local Court	21/02/2005	Driver/rider state false name or address	H 43108202: Dismissed s 10
Liverpool Local Court	21/02/2005	Use unregistered vehicle on road area (not a trailer)	H 43108202: Dismissed s 10
Liverpool Local Court	21/02/2005	Drive while disqualified from holding a licence	H 43108202: Imprisonment 2 years
Campbelltown Local Court	06/03/2006	Possess prohibited drug	H 25024839: Imprisonment: 5 Months
Campbelltown Local Court	06/03/2006	Possess prohibited drug	H 25024839: Imprisonment: 5 Months
Bankstown Local Court	08/08/2006	Use false instrument w/i >$5000 & <= $15000-T1	H 27333187: Imprisonment: 9 months
Bankstown Local Court	08/08/2006	Make false instrument w/-value >$ 5000 & <=$15000-T1	H 27333187: Imprisonment: 9 months
Bankstown Local Court	08/08/2006	Responsible person/custodian not supply drivers particulars	H 27333187: $200 costs
Bankstown Local Court	08/08/2006	Negligent driving (not occasioning death/gbh)	H 27333187: $400 costs
Bankstown Local Court	08/08/2006	Drive while disqualified from holding a licence	H 27333187: Imprisonment: 12 months
Campbelltown District Court	28/09/2006	Drive while disqualified from holding a licence	H 27333187: Conviction Confirmed
Campbelltown District Court	28/09/2006	Use false instrument w/i >$5000 & <= $15000-T1	H 27333187: Conviction Confirmed
Campbelltown District Court	28/09/2006	Make false instrument w/-value >$ 5000 & <=$15000-T1	H 27333187: Conviction Confirmed
Campbelltown Local Court	16/03/2007	Possess prohibited drug	H 29824418: Imprisonment: 2 years
Campbelltown Local Court	16/03/2007	Not in adjusted/fastened/restraint (over 1yr but under 16)	H 29824418: Fine: $100
Campbelltown Local Court	16/03/2007	Drive while disqualified from holding a licence	H 29824418: Fine: $100
Campbelltown Local Court	16/03/2007	Drive while disqualified from holding a licence	H 29824418: Imprisonment: 16 months
Campbelltown District Court	16/07/2007	Drive while disqualified from holding a licence	H 29824418: Conviction confirmed
Campbelltown District Court	16/07/2007	Possess prohibited drug	H 29824418: Conviction confirmed
Parramatta District Court	17/11/2008	Possess ammunition w/o holding licence/permit/authority	H 33602711: Take into account on form 1
Parramatta District Court	17/11/2008	Possess unregistered unauthorised pistol in public place- T2	H 33602711: Imprisonment: 3 years
Parramatta District Court	17/11/2008	Supply prohibited drug >indict. quantity (not cannabis)-SI	H 33602711: Imprisonment 3 years and 9 months
Parramatta District Court	17/11/2008	Goods in personal custody suspected being stolen (not m/v)	H 33602711: Imprisonment: 6 months
Parramatta District Court	17/11/2008	Possess prohibited drug	H 33602711: Imprisonment: 6 months
Gosford District Court	10/12/2012	Supply prohibited drug >indict. quantity (not cannabis)-SI	H 47054715: Imprisonment: 3 years and 6 months
Gosford District Court	10/12/2012	Supply prohibited drug >indict. quantity (not cannabis)-SI	H 47054715: Imprisonment: 3 years and 9 months
Gosford District Court	10/12/2012	Possess/attempt to, prescribed restricted substance	H 47054715: Taken into account on form 1
Gosford District Court	10/12/2012	Supply prohibited drug >indict. quantity (not cannabis)-SI	H 47054715: Taken into account on form 1
Gosford District Court	10/12/2012	Possess prohibited drug	H 47054715: Taken into account on form 1
Burwood Local Court	14/11/2017	Drive in bus lane	H 65495459: Fine $350
Burwood Local Court	14/11/2017	Drive motor vehicle during disqualification period – 1st off	H 65495459: Bond s10: 2 years
Campbelltown Local Court	22/01/2019	Drive with motor vehicle during disqualification period – 2nd + off	H 69256147: Community correction order: 12 months
Bankstown Local Court	22/01/2019	Common assault (DV)- T2	H 71820329: Community correction order: 2 years
Campbelltown Local Court	05/03/2020	Drive with >=6mnths <4 yrs old not restrained as prescribed	H 74320574: Fine: $100
Campbelltown Local Court	05/03/2020	Drive with motor vehicle during disqualification period – 2nd + off	H 74320574: Intensive correction order (aggregate): 2 years
Campbelltown Local Court	05/03/2020	Drive with >= 7yrs <16 yrs old not restrained as prescribed	H 74320574: Fine: $100
Campbelltown Local Court	05/03/2020	Drive with motor vehicle during disqualification period – 2nd + off	H 142062001: Intensive correction order (aggregate): 2 years
Campbelltown Local Court	05/03/2020	Drive with motor vehicle during disqualification period – 2nd + off	H 74462380: Intensive correction order (aggregate): 2 years
Burwood Local Court	24/08/2020	Drive with motor vehicle during disqualification period – 2nd + off	H 735528912: Intensive correction order (aggregate): 7 months
Burwood Local Court	05/05/2021	Stalk/intimidate intend fear physical etc harm (domestic)- T2	H 77733258: Imprisonment (aggregate): 16 months
Burwood Local Court	05/05/2021	Stalk/intimidate intend fear physical etc harm (domestic)- T2	H 76739648: Imprisonment (aggregate): 16 months
Burwood Local Court	05/05/2021	Contravene prohibition/restriction in AVO (Domestic)	H 76739648: Imprisonment (aggregate): 16 months
Burwood Local Court	05/05/2021	Destroy or damage property (DV)	H 76739648: Imprisonment (aggregate): 16 months
Burwood Local Court	05/05/2021	Possess prohibited drug	H 75775934: s10A conviction with no other penalty
Burwood Local Court	05/05/2021	Drive with motor vehicle during disqualification period – 2nd + off	H 75775934: Imprisonment (aggregate): 16 months
Downing Centre District Court	12/08/2021	Stalk/intimidate intend fear physical etc harm (domestic)- T2	H 77733258: Order Confirmed: Imprisonment (aggregate): 16 months
Downing Centre District Court	12/08/2021	Contravene prohibition/restriction in AVO (Domestic)	H 76739648: Order Confirmed: Imprisonment (aggregate): 16 months
Downing Centre District Court	12/08/2021	Destroy or damage property (DV)	H 76739648: Order Confirmed: Imprisonment (aggregate): 16 months
Downing Centre District Court	12/08/2021	Stalk/intimidate intend fear physical etc harm (domestic)- T2	H 76739648: Order Confirmed: Imprisonment (aggregate): 16 months
Downing Centre District Court	12/08/2021	Drive with motor vehicle during disqualification period – 2nd + off	H 75775934: Order Confirmed: Imprisonment (aggregate): 16 months