A 32-year-old applicant, whose identity has not been made public, will have to leave Australia after the Administrative Appeals Tribunal of Australia dismissed his application for review.
The Tribunal said in the order that there was a real risk he would engage in criminal conduct considering his history of offending.
"Having failed the character test the primary considerations of the nature and seriousness of the Applicant’s conduct, the risk to the Australian community should further offences be committed and the expectations of the Australian community, substantially outweigh any non-refoulment obligation owed to him," the Tribunal concluded.
The man in question had converted to Islam in 2010. He applied for Protection visa claiming to fear harm should he return to India, and in particular fearing that he would be killed by his family or old friends, in May 2013.
However, the Department of Immigration and Border Protection refused his application. Subsequent review applications were also rejected.
The basis of this decision was the applicant's history of offending. He had been convicted on several charges and placed on a Community Corrections Order[2] in the County Court of Victoria. The offences included driving while disqualified, making a threat to kill and failing to answer bail among others.
The Tribunal observed that the applicant was suffering from significant mental health issues.
"As to the risk of re-offending, the Applicant’s failure to admit, let alone address, these mental health conditions, demonstrates that there is a real risk that the Applicant will engage in criminal conduct in the future if he is released into the community," the AAT observed.
Highlighting Australia's low tolerance of any criminal conduct by the visa applicants or those holding a limited stay visa, the Tribunal dismissed his review application.
The Tribunal acknowledged that there was a risk of harm to the Applicant if he returns to India. However, the applicant was also considered a danger to the Australian community.
"His offending, in terms of the violence and the road traffic matters, has the potential to endanger lives in the Australian community. Given the nature and seriousness of his past conduct, and the real risk that he will commit further offences in the future as a result of drug use and possible mental health issues, the Tribunal finds that the consideration of the protection of the Australian community weighs heavily in favour of refusing to grant a visa to him," the AAT's order reads.
