• on 20 May 2014, the Applicant had a shifter and threw it through a glass panel inside a phone box and used the handset to smash other glass panels. He walked out of the pay phone and began damaging a motor vehicle by scratching figures and numbers on every panel. The Applicant was under the influence of amphetamines at the time and was having a psychotic episode; and
• on 14 September 2014, the Applicant went to claim $120 of poker machine winnings that he was not entitled to.

s 32 orders were made. The Applicant was ordered to have counselling with regard to ice relapse, have urinalysis, and have treatment or medication as directed.

• officers were approached near George Street by a man bleeding from his nose (which was described as swollen and red);
• the man stated that he had been punched by the Applicant; and
• during his arrest, the Applicant kicked an officer in his right and left upper thigh "causing him moderate pain" and "also resisted police efforts to place him in handcuffs".

For his conduct on 7 March 2015, the Applicant was convicted of:

"assault occasioning actual bodily harm - T2"; and

"assault officer in execution of duty - T2 (2 charges)".

The Applicant was sentenced to two 18 month terms of imprisonment (suspended for 18 months on entering a s12 bond) and two 9 month s9 bonds.

• at the time of the offences the Applicant was drunk to the point "that he really did not know what he was doing";
• "[the Applicant] was at the Star Bar at the corner of George and Wilmot streets and for no apparent reason was punching people"; and
• when the police went to arrest the Applicant he struck out at a police officer, kicking the officer in the thigh.

• "shoplifting value <=2000 - T2"; and
• "dishonestly obtain property by deception-T1".

The 11 December 2015 convictions were "called up" with the Applicant ordered to serve the original prison terms. However this order was quashed on appeal (see below).

The Police Fact Sheet dated 19 May 2017 provides that the Applicant and Ms Sadek were observed via CCTV to take 4 pairs of Nike track pants (a total value of $440) from Myer without any attempt to pay.

The NSW District Court quashed the call up orders made 27 June 2017.

The Applicant was convicted of "shoplifting value <=2000 - T2".

The Applicant was sentenced to 1 month imprisonment.

Again the 11 December 2012 convictions were "called up" with the Applicant ordered to serve the original sentence, then subsequently quashed on appeal.

NSW District Court quashed the call up orders made 12 February 2018.

The Applicant was convicted of "wilful and obscene exposure in/near public place/school".

A Police Event Report dated 6 April 2018 describes that the Applicant attended Penshurst Railway Station, went into a public toilet (the door or which he propped open using a thong) and then proceeded to take off all of his clothes and wash himself using water from the tap. A witness shouted at the Applicant when she saw him naked from outside the toilet. The Applicant then apologised and closed the door. The report describes that "around this time a large amount of school children generally attend the station on their way home".

• in the early hours of 22 March 2020 the Applicant arrived at a Riverwood property and woke the people inside;
• later in the morning the Applicant pointed a folding knife towards the victim (with the blade partially covered by his fingers) saying "give me your wallet". The Applicant then said that he was only joking;
• some time later, the Applicant grabbed the same victim and pulled out the folding knife again, demanding his wallet for a second time;
• when the victim jumped onto the bed to create some space between himself and the Applicant, the Applicant also jumped onto the bed. The Applicant picked up a tea towel, wrapped it around his hand and punched the victim twice in the left cheek; and
• at around 7:45 the Applicant followed the victim outside (who had gone to retrieve his bicycle). The Applicant was observed to be armed with a knife, yell at the victim "hit me" and threw the victim's bicycle twice.

• "fail to appear in accordance with bail acknowledgment"; and
• "resist officer in execution of duty-T2 (two counts)".

The Applicant received a three month term of imprisonment and two s 10A convictions.

A dissolved suboxone wafer was located in a painting sent to Ms Sadek by the Applicant (who was also in custody at Dillwynia Correctional Centre at the time).

The Applicant was convicted of "resist officer in execution of duty-T2".

The Applicant requested to undertake a remand DV program, but is deemed not to meet the criteria because he did not have any current AVO or DV related charges.

For the conduct on 22 March 2020, the Applicant was convicted of:

• "affray"; and
• "commit s 114 offence, having previous conviction".

The Applicant was sentenced to 18 months imprisonment (in aggregate).

NSW Police event reports relating to an incident involving actual malicious damage in which the Applicant in is a person of interest.

The Applicant received a service court attendance notice on 19 June 2021 in relation to these events.

A NSW Police event report describes a verbal argument between the Applicant and Ms Sadek that occurred over the phone during the time the Applicant has been in Villawood Immigration Detention Centre.

• the Applicant and Ms Sadek "have been separated for 2 years";
• the four children of the Applicant and Ms Sadek currently live with their grandmother in Blakehurst;
• the verbal argument was regarding Ms Sadek's wish to see her children;
• no action was taken as Ms Sadek had no fears towards the Applicant, and nor were any threats made.

Applicant released from custody on parole (10 months served) and taken directly into Immigration Detention at Villawood.

[2] The Applicant was a holder of a Class TY subclass 444 Special Category (Temporary) visa which is available to citizens of New Zealand.

[3] Applicant's Statement dated 27 October 2021.

[11] Information from both Applicant's and Respondent's Statements of Facts Issues and Contentions (SFICs); psychologist reports of Mr Visser and Ms Cullen; and medical reports from Liverpool Hospital.