The Court held that 'danger to the Australian community' under s 36(1C)(b) requires a present risk which is real, significant or serious (not remote or fanciful) that the person will cause harm of a sufficiently serious nature. The Court reconciled the approaches in WKCG and DOB18, finding no material conflict between requiring a 'real or significant risk' versus a 'present and serious risk'. The Tribunal's assessment of danger based on extensive evidence of the applicant's history of domestic violence offending and risk of reoffending was upheld as reasonable.
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