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

This matter concerned an application for judicial review of a decision to refuse to grant the Applicant a Protection visa. The central issue was whether the Applicant met the criterion in section 36(1C)(b) of the *Migration Act 1958* (Cth), which requires that a person not have been convicted by a final judgment of a particularly serious crime and not constitute a danger to the Australian community. The Applicant had an extensive criminal history in Australia, including numerous convictions for various offences, some of which involved violence and indecent behaviour.

The court was required to determine whether the Applicant constituted a danger to the Australian community for the purposes of section 36(1C)(b) of the *Migration Act*. This involved considering the Applicant's past criminal conduct and assessing the risk of future offending. The court also had to interpret the meaning of "danger" within the context of Article 33(2) of the Refugees Convention, which is incorporated into the *Migration Act*.

The court reasoned that the question of whether a person constitutes a danger to the Australian community is a question of fact and degree, requiring consideration of all the circumstances of the individual case. The risk of re-offending and the likelihood of relapsing into crime are primary considerations, and the assessment involves evaluating the person's character and the possibility of a threat to the community. While previous conduct and criminal history are highly relevant, the assessment of danger involves determining an acceptable level of risk. The court noted that it is sufficient if there is a real or significant risk or possibility of harm, and it is not necessary to establish a probability of immediate harm. However, the court also considered observations that "danger" in this context implies a present and serious risk, carrying a narrower and more restrictive meaning than simply "risk."

The court affirmed the decision under review, finding that the Applicant constituted a danger to the Australian community.