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

This matter concerned an appeal by WGKS against a decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The dispute centred on whether WGKS met the criteria for remaining in Australia, specifically in light of his criminal history. The case was heard by C.j. Furnell SM.

The primary legal issue before the court was whether WGKS had been convicted by a final judgment of a particularly serious crime and, consequently, whether he posed a danger to the Australian community. This determination was crucial for assessing his eligibility under section 36(1C) of the relevant Act.

The court found that WGKS had an extensive criminal record, commencing at age 17 and spanning 19 years, with over 150 convictions. These convictions included property offences, drug trafficking, and offences involving violence, such as assault and assault with a weapon. His most recent convictions in June 2017 involved recklessly causing injury and criminal damage, stemming from assaults on his de facto partner, which the sentencing Magistrate described as serious. The court noted that WGKS's prospects of rehabilitation were contingent on various factors, and there was limited evidence of plans to address the root causes of his criminality. Considering the nature and extent of the risk posed by WGKS, the court concluded that he had been convicted of a particularly serious crime and was a danger to the Australian community.

Accordingly, the court found that WGKS did not satisfy the criterion in section 36(1C) of the Act, and therefore affirmed the decision under review.