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

This matter concerned an application for review of a delegate's decision to refuse the applicant a protection visa. The delegate's refusal was based on the applicant failing to satisfy the criterion in section 36(1C) of the *Migration Act 1958* (Cth). This section requires that for a protection visa to be granted, the Minister must consider, on reasonable grounds, that the applicant is not a person who, having been convicted by a final judgment of a particularly serious crime, is a danger to the Australian community. The Tribunal was required to stand in the delegate's shoes and reconsider this criterion.

The legal issue before the Tribunal was whether, on reasonable grounds, the applicant was a person who, having been convicted by a final judgment of a particularly serious crime, posed a danger to the Australian community. The Tribunal's task was confined to assessing this specific criterion under section 36(1C) and not to determine the broader question of whether the applicant should be granted a protection visa.

The Tribunal affirmed the delegate's decision, finding that the applicant was indeed a person who, having been convicted of a particularly serious crime, posed a danger to the Australian community. While acknowledging that the applicant's drug abuse disorder might be considered in mitigation, the Tribunal was not satisfied that the applicant would not relapse into illicit drug use if released into the community. Consequently, the Tribunal concluded that the applicant did not satisfy the criterion in section 36(1C).