Federal Court. Does s 36(1C)(b) of the Migration Act 1958 (Cth) call for "comparative exercise to assess whether the grant of a protection visa would result in an increase in the danger to the community posed by the applicant over the danger to the community posed by the applicant if a protection visa were not granted"?
Section 36(1C)(b) of the Migration Act 1958 (Cth) provided:
(1C) A criterion for a protection visa is that the applicant is not a person whom the Minister considers, on reasonable grounds:
...
(b) having been convicted by a final judgment of a particularly serious crime, is a danger to the Australian community.
The Federal Court answered that question as follows: