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

The Administrative Appeals Tribunal (AAT) considered an application for a Protection visa by the Applicant, who sought to challenge the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs' refusal to grant the visa. The central dispute revolved around whether the Applicant met the criterion under section 36(1C)(b) of the *Migration Act 1958* (Cth), specifically whether the Applicant had been convicted of a particularly serious crime or posed a danger to the Australian community.

The AAT was required to determine if the Applicant satisfied the criterion in section 36(1C)(b) of the *Migration Act 1958*. This involved assessing whether the Applicant had been convicted by a final judgment of a particularly serious crime and, alternatively, whether the Applicant was a danger to the Australian community. The Tribunal was directed to consider only matters relevant to the danger assessment and not to balance this against the consequences for the Applicant of returning to Syria.

In its reasoning, the AAT noted the Applicant's history of multiple violent offences, including common assault, committed when he was 18 years old. The Tribunal considered the context of these offences, including the Applicant's intoxication and aggressive behaviour. Ultimately, the AAT found that the Applicant did not satisfy section 36(1C) of the Act, and therefore did not meet the criteria for a protection visa. The Tribunal also noted, for completeness, that the Applicant did not satisfy section 36(2)(aa) of the Act due to section 36(2C)(b)(ii).

The decision under review was affirmed.