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

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs to refuse to grant the applicant a protection visa. The applicant sought review of this decision before Deputy President Boyle.

The primary legal issues before the Tribunal were whether the applicant had been convicted by final judgment of a particularly serious crime, and whether the applicant posed a danger to the Australian community, pursuant to section 36(1C) of the *Migration Act 1958* (Cth). These considerations were relevant to the refusal of the protection visa under section 65 of the Act.

Deputy President Boyle considered the meaning of "danger" in section 36(1C) of the Act, referencing previous decisions. The Tribunal found that the standard of "present and serious risk" was met in this case. The Tribunal concluded that the applicant had been convicted of a particularly serious crime and posed a danger to the Australian community, thereby failing to satisfy the criterion in section 36(1C)(b) of the Act. Consequently, the delegate's decision to refuse the protection visa was affirmed.