The Court held that risk to the Australian community is a mandatory relevant consideration when the Minister exercises the discretion under s 501A(3) of the Migration Act, following Moana, and that the Minister commits jurisdictional error by expressly declining to reach any conclusion on risk while giving 'determinative weight' to seriousness of offending and community expectations. The Court further held that the seriousness of prior offending and community expectations cannot logically be assessed wholly divorced from risk to the community, because the constitutionally valid basis for considering prior offending is through the prism of community protection. Factual errors regarding the judicial characterisation of the applicant's murders were also held to be material where the entire decision turned on the perceived seriousness of the offending.
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