//
austlii:cth/ARTA/2026/253
General information, not legal advice.
ARTA
2026-02-17
Member Hon J
Original judgment source is linked above.
"He stated he had 2 dependant children in India to which he provides financial support being 2 x daughters, being 5 and 6 years of age. Further antecedents to be provided at court.
The accused in the matter is Jawed QURESHI born on the [redacted].
About 4:20 pm on Wednesday 16th of September 2020, the victim finished University at the Australian Catholic College University. The victim was attempting to catch the 907 route bus which travels from Parramatta - Bankstown.
The victim boarded the bus at the stop on Woodville Road between Fuller Street and Orchadleigh Street at old Guildford. The victim sat on the left hand side of the bus towards the back next to a window. The victim noted that there were no other persons seated behind the chair she was in. There were limited passengers on the bus at this time.
At about 4:35 pm the bus was approaching Bass Hill and Yagoona. The victim felt a sensation along her left buttock. At this stage the victim thought it was the vibration of the seats. However the longer the sensation went the more the victim began to think something was wrong. The sensation turned from a vibration to a grabbing. The grabbing became more inconsistent and was occurring even when the bus had stopped.
The victim looked down to the left side of her body towards where she was feeling the grabbing sensation and saw a brown skinned hand moving away from her. The hand was retracting from her buttock and was moving between the chair and wall of the bus.
At this stage the victim turned around and said "What do you think you are doing!?" The Accused responded with "Oh, I was sleeping, sorry, sorry." The victim told the Accused that he should move. The Accused continued to apologise and insisted that he was asleep. The victim noted that their were no other persons seated behind her.
The Accused stood up and sat in a different chair located on the drivers side of the bus. The Accused was described as a male, 50 years old, 165 cm - 170 c, overweight, Indian/Pakistani ethnicity, Balding/short black hair that was greying, stubble beard. Clothing: White long V-neck sleeve shirt, dark blue coloured jeans, navy jacket and holding a Woolworths bag.
About 4:40 pm the victim observed the male get off the bus which stopped on the Hume Highway directly next to the Yagoona Train Station. The victim noted he was walking towards the train station however is not exactly sure where he went. At that time, she took photos on her mobile phone whilst in close proximity of the Accused.
The victim attended Auburn Police Station to report the incident. A Statement was obtained and uploaded to VIEW IMS. The victim produced photos of the Accused to Police. These photos were circulated on social media.
About 7pm on Wednesday the 28th of October 2020, the Accused handed himself to Police after he sighted a circular of himself which was brought to his attention by a friend which relates to event E75280906. He was arrested and introduced to the custody Sergeant where he was read Part 9 of Lepra.
Assisting Police cautioned the Accused and offered the chance to participate in an electronic recorded interview to which he accepted. During the interview the Accused did not admit to the offence stating, "I don't remember." Police conducted a forensic photograph procedure also during this recording taking photographs of the Accused and his clothing only.
The Accused is now charged with the matter before the court"[21]
"The Accused has previously been charged for a similar sexual touching incident in 2020.
The behaviour of the Accused is extremely worrying in his deliberate engagement with young females. Police hare concerned about his offending and believe he poses a real risk to the community.
The impact of his potential re offending cannot be measured and police request if the accused is to be bailed, it is imperative that it is with strict conditions for the protection of the community.
The accused is currently unemployed and indicates he has a mental health condition being depression.
If the accused is released on bail - Police respectfully request strict bail conditions:
- not to enter or utilise the Sydney trains network. - Not to contact any prosecution witness (unless through a registered Australian legal practitioner). - to take any prescribed medication in accordance with instructions. - Regular reporting conditions to Local Police Station.
The Accused in the matter is Jawed QURESHI born on the [redacted] 1970. The Victim in the matter is [redacted] born [redacted] 2000. The Victim and the Accused are unknown to each other.
About 9:04am on Friday 26th January 2024, the victim, boarded a train from Epping Railway Station to Central Railway Station.
When the victim boarded the train she went to the upper vestibule of carriage ON5933. She sat on a two seater by herself next to the stairs in the space near the window on the right hand side near the rear of the carriage. The Accused was seated in the seat directly behind victim.
About 10 minutes later the Accused reached forward with his right hand between the victim's seat and the window and applied pressure against the victim's right breast [redacted] with his hand.
At first the victim believed the pressure she felt was due to how she was sitting. The victim used her left hand to feel what the pressure was, and she felt a hand.
The Victim immediately looked around and saw the Accused withdraw his hand slowly and placed it inside a plastic bag he had in his possession.
The victim said to the Accused "Did you just do that?" The Accused said "I'm sorry, I'm on medication". The Victim said "I'm going to call the police", and then dialled '000".
The victim described the incident and the offender to the operator.
Due to this police attended the destination of the train, Platform 9 Central Railway Station.
About 9:30am the train arrived at Platform 9 of Central Railway Station. Police activated body worn video. As the victim alighted the train she indicated the Accused to police by pointing at him. Police introduced themselves to the Accused by name, rank and station, the Accused was placed under arrest and cautioned in relation to the incident.
The Accused immediately commenced rambling about medication for a mental illness. The Accused was conveyed to Day Street Police Station and introduced to the custody manager.
NSW Paramedics attended Day Street custody, assessed the Accused and deemed him fit to remain in police custody.
The Accused was read his part 9 rights under the Law Enforcement Powers and Responsibilities Act and availed of the opportunity to speak to a Lawyer.
The Accused participated in an electronically recorded interview in which he stated that he had not taken his medication today for his depression, and this may have accounted for the sexual touching.
Between the time of arrest and time of interview the Accused had still not taken any medication for his depression, however police observed him to be alert and cognisant and aware of his surroundings at all times.
The victim attended Police Transport Command and provided a statement.
Police have applied for onboard CCTV footage from Sydney Trains.
The Accused is now charged with the matter before the court."[24]
"This is to certify Jawed Qureshi attended his appointments alone for psychotherapy and counselling on 23/03/2024. The client has been seen for eleven sessions since 2020. He lives in a shared accommodation. Mr Qureshi is married, unemployed and from a Pakistani background. He came to Australia first time in 20 I 9. His wife and two daughters live in Pakistan. The client has not seen his wife and two daughters since 2019. He was working as a security guard but stopped due to severe anxiety and depression related to a previous court case. Jawed Qureshi has been on antidepressant medication, Zoloft 50 mg. During the sessions, he reported a history of childhood sexual abuse. He stated that he was sexually abused when he was 7-8 years old boy. Mr Qureshi is grieving due to his sister's death. He attended one session with Dr Raiz Ismail, a psychiatrist before.
He displayed symptoms of low mood, sadness, anxiety, low communication, low confidence, social isolation, experiencing unwanted negative thoughts, hallucinations, delusional feelings, losing control, low energy, tiredness, stress and unwanted negative thoughts.
Medical history: back pain, right knee pain, high cholesterol and high blood pressure.
Risk assessment: The client was not at risk of self-harm or suicide.
Family history of mental illness: He reported that his brother is suffering from schizophrenia.
The client reported past history of psychological disorders. He reported a family history of psychological disorders and described significant events during his development years.
Mr Qureshi does meet the criteria for the DSM-5 Disorders "The Diagnostic and Statistical Manual of Mental Disorders". He is suffering from the following:
• Severe post-traumatic stress disorder (:PTSD)
• Major Depressive Disorder with psychotic episodes
Mr Qureshi requires ongoing psychotherapy, antidepressant medication and counselling.
During the sessions, CBT, exposure therapy, problem-solving and anger management were applied to reduce his stress and unwanted negative thoughts."[27]
Mr Qureshi was a 54-year-old male. Mr Qureshi stated that he was a Pakistani national and that he held Australian Permanent Residency. He stated that he was unemployed and that he received the JobSeeker payment from Centrelink. He stated that he was hoping to find work soon (although he noted that current bail conditions precluded him from travelling on the Sydney Train Network - which restricted his work options somewhat). Mr Qureshi stated that he was married and that he had two children - and that his wife and children resided in Pakistan. Mr Qureshi stated that he had not been able to find work for a couple of years and had therefore been unable to afford to send any money home to his family (something for which he felt great shame).
In terms of personal history, Mr Qureshi stated that he had been born in Pakistan and had grown up in Hyderabad. He stated that his brother had been "mentally disturbed", and an uncle had suffered from instances of sleep walking. He stated that he had first come to Australia in 2009 - where he had lived in Perth, Western Australia and had worked at the Perth Mint (on the night shift) for sometime. He stated that he had also completed a computer science degree in Australia. He stated that he returned to Pakistan for a period of time and was married. Mr Qureshi stated that he returned to Australia (Sydney) in 2019 on a skilled migrant visa. He stated that he had worked in a "Covid Hotel" during the peak of the pandemic. Mr Qureshi stated that he had now been unemployed for a number of years. He described instances of social isolation (staying in private rooming houses). He stated that his mother had passed away in 2020 and that his sister had died in 2023 (in an accidental house fire in Pakistan).
In terms of psychiatric history Mr Qureshi told me that he suffered with symptoms of low mood and anxiety. He told me that he was not currently linked with a specialist mental health service but did take an antidepressant medication (Zoloft) prescribed by a GP.
Mr Qureshi also described a historical admission to the Royal Perth Hospital around 2010. He stated that he had not had any psychiatric admissions whilst living in Sydney but had previously seen a private psychiatrist (Dr Raiz Ismail) for a few months in 2021. He described previous incidents of paranoia (e.g., suspecting that his roommates and colleagues were jealous of him and were plotting against him). He also reported that he had suffered from instances of sleepwalking and told me that he sometimes feels that he is asleep with his eyes open. He recalled an incident of nearly sleepwalking off a fourth story building whilst attending a wedding in Pakistan (but was pulled back to safety by an uncle).
Mr Qureshi also described considerable concern about his physical health. He told me that he was receiving treatments for hypertension and high cholesterol. He stated that he also suffered with low iron levels, that he was overweight, suffered with insomnia and snoring and that he constantly felt tired. He described an incident of loss of consciousness from being punched in the head whilst living in Perth around 2010.
In terms of substance abuse history, Mr Qureshi stated that he was a nonsmoker and did not drink alcohol. He denied any history of illicit drug use. He stated that he occasionally drank coffee.
On assessment (21/02/2024) Mr Qureshi presented as of overweight appearance. He wore a dirty looking polo top. He had a dossier of his medical records and legal papers neatly organised. He was cooperative. There was no irritability or aggression. He reported a chronic low mood and anxiety. He reported a sense of anhedonia with feelings of shame and guilt. He spoke English. He was softly spoken. His conversation was overinclusive and circular. He reported recent psychosocial stressors. He reported that his sister had died last year in a dreadful accident (fire) and that he had been unable to afford to return to Pakistan for her funeral. He also reported feeling guilt at being unable to afford to send money home to his family. We discussed details around the alleged offence. He stated that prior to the offence he had been heckled by his roommate (about the client's alleged loud snoring). He stated that he had left his premises and travelled on an overnight train to Newcastle and that he had been unable to sleep. On return to Sydney he discovered that all shops were closed due to the Australia Day public holiday. He described feeling exhausted and was starving. He stated that he had felt like he was "sleeping with my eyes open". He felt that he was not in control of his own actions. He denied any sexual intent or sexual gratification related to the alleged offence. He reported another incident of impulsively touching a male stranger on the face (again feeling he could not control his actions) which almost ended up in a fight. He told me that he was not currently linked with a specialist mental health service but was considering trying to engage with a psychologist. He denied thoughts of suicide. He denied current thoughts of harm to himself or others. He was hopeful of gaining employment in the near future.
Unclear mental health diagnosis. Mr Qureshi reports a history of low mood, anxiety and unusual experiences related to "sleepwalking". He is currently prescribed an antidepressant medication only. Mr Qureshi also describes a history of paranoia and I note that the client has previously been admitted to a psychiatric unit in Perth in 2010 where he was treated for "features of an acute psychotic episode" and received antipsychotic medication. I also note that Mr Qureshi had been prescribed a low dose antipsychotic medication (Risperdone 2.5mg daily) by a private psychiatrist in 2021, which the client had now ceased taking.
In consultation with Dr Zhang, it is our view there are reasonable grounds to believe that Mr Qureshi will not meet the criteria as described in the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
Mr Qureshi is not currently linked with a specialist mental health treatment provider. He does not currently have a mental health treatment plan available to him. Mr Qureshi presents as a vulnerable and socially isolated person. He presents with an unusual and complex cluster of mental health symptoms that would benefit from further assessment and treatment from a specialist mental health service provider (such as a private psychiatrist of a public community mental health service).
Should Mr Qureshi be remanded in custody a copy of this report will be uploaded to the Justice Health electronic medical record and a formal referral will be made to Justice Health & Forensic Mental Health Network. Please contact this writer should further information or assistance be required."[28]
"The accused in the matter is Jawed Saeed QURESHI. The victim in the matter is [redacted], born [redacted] 2008, aged 16. The witnesses in the matter are, [redacted], brother of the victim, and [redacted], mother of the victim. For the remainder of the facts, the witnesses will be referred to by their first name. The accused attended Downing Centre Local court on the 27th of March 2024 in relation to [redacted] where he was charged for sexually touch another person without consent. On this occasion, the accused was granted conditional bail with strict conditions; one of which is to not commit any other offences whilst at liberty on bail.
About 2:25pm on Thursday the 4th of July 2024, the victim has boarded the M941 bus from bus stop at Bankstown Centro Shopping Centre, located at The Mall nearest the Appian Way in Bankstown. Upon entering the bus, the victim has sat towards the rear of the bus in the second last row closest to the right side window. At the time no one was seated next to the victim though shortly after sitting down, the victim has observed the accused sit directly behind her. Whilst travelling on the bus for approximately 20 minutes, the victim was using her mobile phone where she has felt fingers on the back of her neck, though she did not pay much attention to it. Approximately five minutes later, the victim has felt pressure to her right thigh and has observed a hand placed on her hip and upper thigh near her pelvic area with fingers angled toward her inner thigh and vaginal area. Upon observing this, the victim has quickly turned around towards the accused where the accused has turned away. The victim has moved from her seat and sat towards the middle of the bus, away from the accused. The victim has signalled the driver to stop and whilst waiting for the bus doors to open, the victim has started to cry and has informed the driver of what occurred. At this time, the accused has observed the victim speaking with the bus driver and has approached the victim at the front of the bus. The driver has confronted the accused where he has denied touching the victim, saying, "No I didn't. I was picking up my water bottle."
At this time, the victim has taken a photograph of the accused. The accused exited the bus at the stop where the victim had intended to exit though feeling fearful of the accused, the victim has remained on the bus and has exited at the next stop, approximately 10 minutes walk further, where she has contacted [victim's brother] informing him of what happened. After exiting the bus, the victim has started walking back towards her original stop where she has observed the accused still standing at the bus stop. Fearful of the accused, the victim has once again contacted [victim's brother] and informed him that the accused was still at the location. [Victim's brother], who was in the company of [victim's mother], has arrived at location shortly after.
On arrival at the location, [victim's brother] has located the victim and has observed a male standing across the road looking at her. [Victim's brother] pointed at the male and has yelled out to the victim, saying, "is that him?" The victim has confirmed the male to be the accused where [victim's brother] and [victim's mother] have exited their vehicle and confronted the accused. [Victim's brother] has immediately questioned the accused as to why he touched the victim, where the accused replied, "i didn't mean to touch her I was trying to get my medicine bottle." As [victim's brother] continued to question the accused, the accused has picked up his belongings and has attempted to leave, where [victim's brother] has used reasonable force to detain the accused whilst [victim's mother] contacted police.
Police arrived on scene a short time later where they observed all parties standing at the corner of Rawson Road and Tempe Street, Greenacre. Police activated their Body Worn Video and spoke to [victim's brother], who presented himself to police, informing them of what had occurred. During this conversation, [victim's brother] identified the victim and police obtained a version from her on Body Worn Video. Police introduced themselves to the accused and informed him that the interaction was being recorded on Body Worn Video. Police cautioned the accused and questioned him in relation to the incident, during police questioning, the accused made admissions to being on the bus with the victim, though denied intentionally touching the victim. The accused informed police that he was trying to grab his bottle which had fallen and may have accidentally touched the victim during this process. Police questioned the accused as to why his hand was down the side of the chair on the victims leg if he was trying to get his bottle, in response to this, the accused simply replied, "I'm not sure." Police placed the accused under arrest and escorted him to a police caged vehicle, Police made arrangements for the brother and the victim to attend Bankstown Police Station so a statement could be obtained from them and the accused was conveyed from the location.
A short time after leaving the location, police observed the accused to be seated upright with his eyes closed where he has slowly leant to the side and hit his head on the cage walls. Police exited their vehicle immediately and opened the rear of the caged vehicle and bringing the accused upright seated position. The accused was not responding to verbal instructions and did not appear to be breathing, police attempted to cause the accused to become alert by way of sternum rub which was ineffective, police attempted to feel for a pulse which could not be felt. As a result, the accused was immediately extracted from the vehicle by police and moved to a safe location where a further assessment could be conducted. Police could not observe the accused to be breathing and showed no response to a sternum rub or other pressure point pain stimulation, police could not feel a pulse and as a result CPR was initiated. As a result of initiating CPR, the accused quickly showed signs of life and he was placed in the recovery position where police requested NSW Ambulance Paramedics to attend. The accused was treated by paramedics at the scene and conveyed the accused to Bankstown Hospital where he remained under hospital guard whilst receiving treatment. Police returned to Bankstown Police Station where independent statements were obtained from the brother and the victim and the photograph taken by the victim of the accused was obtained. At 3:30am, the accused was discharged from hospital where it was deemed that the accused was suitable to be in police custody. The accused was conveyed back to Bankstown custody where he was introduced to the custody manager and read his part 9 rights in accordance with the Law Enforcement Powers and Responsibilities Act 2002. Police conducted a forensic procedure on the accused by means of a buccal swab, this was recorded on [redacted]. The accused was offered the opportunity to be electronically interviewed to he accepted.
In the interview the accused stated that he had drunk half a bottle of wine prior to boarding the bus and sitting directly behind the victim. The accused began to hallucinate and imagined his wine bottle to be falling and as a result he reached out using his right hand and around the bus seat in an attempt to catch his wine bottle. The accused stated his hand may have touched the victim's thigh but could not remember as he was hallucinating. The accused is now before the court."[33]
Willingness and ability to undertake intervention
Willingness and ability to undertake community service work
Community Corrections will implement the following supervision plan:
Community Corrections has assessed Mr Qureshi as unsuitable to undertake community service work for the following reason: An assessment of Mr Qureshi's mental health will be required prior to a community service work assessment being undertaken."[35]
"HER HONOUR: Mr Qureshi comes before the Court having pleaded guilty to an offence of the sexual touching another person without their consent. He pleaded guilty, as I understand it, on the day of hearing, so that is a late plea. The complainant was here. There is no significant utility or reduction or discount in the sentence.
The facts that I have were slightly amended, taking out the amount of time that he touched her on the breast, but ultimately, the complainant was on the train at about 9.40am. The complainant got on the train. She went to the upper carriage, sat on a two-seater by herself next to the window. The accused sat himself directly behind her, and about ten minutes later, reached forward with his right hand between the seat and the window and applied pressure against the complainant's, or the victim's breasts.
At first she believed it was how she was sitting; she sort of used her left hand to feel what the pressure was and then noticed it was a hand; looked around and said, "Did you just do that?" He said, "I'm sorry, I'm on medication", and she then called the police, described the incident and the offender to the operator, and then ultimately the police were called. The paramedics assessed him and he was deemed fit to remain in custody. He then told the police that he had not taken his medication that day for depression and that may have accounted for the sexual touching.
He was initially granted bail and had been on bail from the date of this incident on 26 January until 5 July when his bail was revoked as a result of some charges of a similar nature. They are currently listed for hearing at Bankstown Local Court next year. I have just found the paperwork that he was bail revoked on 5 July.
These are serious allegations. What is particularly alarming is on his criminal history, he has a very similar matter that was dealt with at Bankstown Local Court in March of 2021, and he was placed on a community corrections order that included supervision and some community service work. There was also supposed to be some mental health treatment. Then there is nothing until this matter in January 2024. There is no suggestion of any further offending, although I will note these offences are quite prevalent, and they are very difficult to find the perpetrators. So, I do note that and I note there is this other matter. Unfortunately, this was sent to Bankstown to be dealt with by way of totality. Unfortunately, it was sent back by the Court at Bankstown to here.
I have had the benefit of a sentence assessment report, and a relatively limited psychological assessment that is done primarily for an assessment of risk in relation to sexual reoffending. He is placed at an above-risk range, noting his history and also the lack of community ties here.
There is clearly a suggestion of a mental health impairment of some kind. Unfortunately, I do not have the assistance of any psychological assistance. He says he was suffering depression; he was self-medicating with alcohol at the time. He found himself with some - and this comes through his legal representative - suffering from some insomnia, and basically rode the trains for a while over midnight, and was not taking his medication appropriately. Which kind of fits in with what he is saying to the police, that "I didn't take my medication", although he told the complainant/victim "I did; I'm on medication".
It is always concerning, though, and I am trying to understand logically and using my experience in this field, I guess, in terms of lay experience from the Court through the court system, how someone suffering depression and anxiety generally speaking, which are pretty widespread, finds themselves reaching forward, deliberately touching a young girl on the breast. That is quite a unique thing, and it is offending against women and girls which is problematic in the community, to say the least.
Generally speaking, people who suffer depression and anxiety - and I am speaking very generally - do self-medicate. He says he was drinking, not taking his medication. There may well be more offences of a public nature, like public nuisance-type offences, or stealing, or just generally poor behaviour, but this is quite an unusual one, and that is when it is really important to look behind that sentence assessment report and what he might need in future.
Ultimately, noting he is currently bail refused on other matters, and noting he has been bail refused on these matters, in my view, the custodial threshold has been crossed, and I have very little subjective circumstances really to rely on. Having said that, though, I am satisfied, as I said, a custodial sentence is appropriate.
HE IS CONVICTED AND SENTENCED TO A TERM OF 12 MONTHS IMPRISONMENT, WITH A NON-PAROLE PERIOD OF FOUR. THAT WILL DATE FROM 5 JULY 2024, AND HE HAS ACTUALLY SERVED THAT TIME. ELIGIBLE FOR RELEASE ON 4 NOVEMBER.
So, that really takes into account the remand period on these matters.
He does need supervision on parole, and that needs to be quite targeted supervision. Thank you."[37]
"........Mr Qureshi is charged with sexually touching another person. That carries a five-year maximum gaol term. He has pleaded guilty after reply, 06/02/25 but it has avoided a hearing. He has a record which concerningly includes two previous sexual touching matters of very similar nature where he touched people in intimate places in the public who he did not know. First time, he got an 18-month community correction order, then he got a 12-month prison term.
I was given some information about his history of disadvantage and his subjective circumstances, but I think they need to take a second seat to protection of the community, although I do recognise that he seems to have medical conditions. Today, he fainted when he was being sentenced. He needed to be revived when he was arrested. In this case, he appears to have been drunk and hallucinating. There is no other record.
The facts are very concerning. As I said, they relate to him getting onto a bus and putting his hand in the pelvic area of a female who he did not know sitting in front of him. The two previous matters are very similar. One was grabbing of the breast, and the first one was grabbing in the buttock area, so it does seem to be escalating.
I cannot see how anything other than a gaol term would protect the community and send the right message to him and other people, but I do recognise that the other thing is that he has been in custody since the day after this event, and had he been sentenced at the same time, he would have got an aggregate term, I think. He did serve four months.
IN ALL THOSE CIRCUMSTANCES, I PROPOSE TO IMPOSE A TERM OF EIGHT MONTHS WITH SIX TO SERVE."[41]
Tobacco-Age at first use 25. Stated was smoking mostly during the party, otherwise stated here and there. Did not disclosed how many. LU-2022.
Marijuana: Age at first use 39. Stated used occasionally due to stress. Smoked mostly and sometimes mixed with alcohol. Did not disclosed the amount stated, "sometimes more sometimes less". LU-May 2024
Heroin: Age at first use 49. Stated was not using regularly. Smoked. Did not disclosed the amount stated, "sometimes more sometimes less". LU-May 2024
ICE-Age at first use 50. Stated used small amount "not much". Did not disclosed how much.LU-May 2024
Denies any IVDU. Denies any other substances use. Stated was hospitalised 3 times due to withdrawal episode. Also mentioned attending Drug and alcohol awareness programme and was helpful.
Alcohol- Age at first use 30. Stated was not using regularly only during the party. Did not disclosed the amount stated, "sometimes more sometimes less". Was drinking everything (beer, Brandi, wines). LU- 5 July 2024.
Client said he attended the rehabilitation programme and stated was helpful. Denies any craving @TOR." [45]
"55-year-old man from Pakistan. Received cancellation letter of visa while in Gaol. In Gaol from 5th July 2024-3rd May 2025. In Parklea and Nowra Arrived VIDC 3/5/2025
attended medical clinic for MH appointment re depression, anxiety. Casually and appropriately dressed. Pleasant and polite on approach. detainee is in Australia on his own, family is in Pakistan. went to jail in 07/2024 and transferred to VIDC in 05/2025. Reported depression due to drug use. Stated he used drugs, lost his job and was unable to sponsor his family to Australia from Pakistan. Became depressed, had negative thoughts, and suicidal in 2020 resulted in hospitalisation for 11 days. Reported hearing voices when using drugs. Stated he engaged with psychologist on a regular basic before jail. Denied current self-harm and suicidal thoughts. Denied thought of harm to others. Requested to see psychiatrist for depression and medication review.
Feeling very stressed as visa cancelled, was on skilled migration visa. Came to Australia in 2009. Returned to Pakistan 2012. Then came back to Australia in 2019. Describes hearing and seeing things. Reports sometimes his dreams come true. 236 G45 Reports on one occasion heard voices of children crying. Also describes seeing small people once when he was young. Both occasions occurred at night/midnight. Attachment N.2 Sleep variable. Appetite ok Wants to be busy, so does exercises, uses the treadmill. Also does meditation. Worries about what will happen to his family, siblings in Pakistan, unable to work, Ra is meant to be sending money home. No suicidal thoughts. No pervasive hopelessness.
Finds fighting in centre disturbing. Finds this distressing given his own past assaults. Feels very scared at these times. Sometimes he feels unsafe, sometimes he feels like a group of people will attack him. Someone has advised him to watch out for his mobile as it might be stolen. Sometimes triggers will make him think of things in the past. Spends most of his time thinking about his visa. Sometimes thinks about past assaults.
Prior to going to goal had seen psychologist Past depression while using drug use Past depression in 2009 when he came to Australia
-sleeps poorly, ruminates on what has happened to his family, worries about what might happen to him if he returns to Pakistan
Mother died during covid, couldn't travel to Pakistan to be there Sister died from burning in accident in kitchen, 2022 G45 Assaulted in goal Assaulted in Perth, 2009
Past methamphetamine, THC, alcohol, heroin. Ex-smoker Attachment N.2 Reports has been abstinent from substances since goal, attended rehab programs in goal Medications Sertraline-started in 2021 in setting of allegations he had inappropriately touched a woman. Became "very depressed....didn't go to my job, and I left my job...didn't talk to my family for ten days"
Past Hospital admissions 10 day admission to Bankstown MHU in 2021 in setting of deterioration in mental state. Also some past outpatient follow-up appointments Previously seen psychologist in community and goal, focusing on low mood and anxiety.
episodes where people have alleged he has touched them (?) 238 Social G45 Was living by himself in Australia prior to goal, working in security Also on centrelink Whole family is in Pakistan, his family are not aware he is in Villawood Attachment N.2 States he faced violence and aggression from members of Pakistani army when in Pakistan. States, if he returns to Pakistan this person can do anything "against me" States his daughters are also very concerned Was Sunni Muslim, converted to Shia islam while in Australia. Is considering application for protection visa.
From hyderabad, lived with grandfather, parents and aunts and uncles. Conflict between his mother and paternal grandmother so they moved out. Also lots of conflict between mother and father, would feel sad due to this Two brothers, two sisters, children got on well together. He got on well with his parents. School "was good." Use of corporal punishment. Childhood "ok" Also difficult political situation in Pakistan when he was in ~year 10.
South Asian man, in dark t-shirt and beanie. Good engagement, good eye contact. Mood stressed. Reactive affect. Speech spontaneous. Not thought disordered. Thought content understandably preoccupied with current situation, not suicidal. No current perceptual disturbance. Reasonable insight, reasonable judgement.
Adjustment disorder with low mood and anxiety, some subsyndromal PTSD symptoms in the setting of loss of autonomy associated with loss of visa, also feelings of guilt and not being able to provide for his family. Some trauma symptoms associated with past history of violent assault, not G45 clearly troubling at present. Is at risk of deterioration into more frank depression or PTSD given past episodes of depression.
Encourage exercise, encourage sleep hygiene, encourage psychologist, encourage relaxation exercises. No change to medication at present, likely to be helping with sleep and perhaps preventing a deterioration.
Review in 3 months to monitor mental state, sooner if required. Admission Source Psychiatrist Created By Nye Rozea , 15/5/2025, 2:48 pm"[46]
"Fearing for his safety, Mr Quresh re-entered Australia in 2019, as a permanent resident, and worked in the security industry for some time, until he experienced worsening symptoms of depression and possible schizophrenia, as he explained. Mr Quresh reported that at the time, he had been consuming alcohol and drugs, to help manage his symptoms, which often caused him what he described was a "senseless state". In this state, he reported feeling "as if I am sometimes flying in the sky, sometimes deep in the ocean, and a shark or a large bird is attacking me" as well as poor control of his body and a decline of mental acumen. Mr Quresh reported that due to his mental health difficulties and related substance abuse, he was involved in three separate instances where he was apprehended by the police for inappropriate touching. Mr Quresh explained that the first two incidents did not result in custodial sentence rather he was instructed to engage in mandatory treatment.[49]
Mr Quresh stated that he fears for his safety should he be returned to Pakistan, particularly as he is concerned that personal information about him (including his criminal charge and difficulties with mental health) will be shared with individuals in his home country. Mr Quresh also revealed that he is particularly concerned that information about his sexual orientation will also be shared with his family and individuals in power, in Pakistan. Namely, he explained that he began developing sexual interest in men at the age of 14. He added that he had absolutely no interest in females and subsequently has had several relationships with men. Mr Quresh reported that this is the reason why he married late, adding that the marriage occurred to fulfill his family and cultural expectations. Mr Quresh worries that if he returns to Pakistan, his life will be in danger, if the information about his sexual orientation is revealed, as in Pakistan homosexuality is considered a crime, often punishable by prison sentence of up to 10 years.[50]
7. Current Issues and Relevant History of Presenting Problem
As stated above, Mr Quresh reported a long-standing history of alcohol and drug use (including cannabis and heroin). He reported that since his incarceration in 2024, he has not used drugs or alcohol and remains sober at the time of the assessment.
Mr Quresh was engaged, and cooperative throughout the assessment. His responses were generally clear, relevant, and showed no obvious signs of memory issues. However, he occasionally had difficulty maintaining focus, requiring questions to be repeated or clarified. Mr Quresh was well oriented to time, place, and the situation. During the session, he presented with anxious mood as evident from his affect during the session, presence of negative cognitions and his own reports of experiencing anxiety and mood fluctuations.
There were no indications of delusions or active symptoms of psychosis at the time of the assessment. Mr Quresh reported a history of paranoid beliefs, auditory and visual hallucinations and delusional thoughts. He indicated that since his transfer to VIDC (in May 2025) he did not experience any of these symptoms. At the time of the assessment, Mr Quresh stated that he did not experience suicidal ideation or thoughts of self-harm or harm toward others. He reported a history of suicidal ideation and gestures (by means of expressing his ideation related to hanging and jumping off the building), at the time of heightened drug and alcohol use and acute symptoms of psychosis. Mr Quresh identified his daughters and hope for better future as protective factor mitigating his risk of harm.
As a consequence of the above-mentioned traumatic events and current uncertainty about his future, Mr Quresh reported experiencing the following symptoms:
• Intrusion symptoms: including persistent intrusive memories, occasional vivid flashbacks, and occasional nightmares with traumatic content. Mr Quresh reported experiencing ongoing vivid intrusive images reflective of his time in Pakistan, specifically his abuse and family persecution, as well as his experience of physical beating in prison. These intrusive symptoms are activated by various psychological triggers including ruminating about the uncertainty of his future, speaking about those events as well as the detention environment he is currently in.
• Intense psychological distress: including anxiety, guilt and shame, hopelessness and irritability when the above intrusive symptoms are triggered; at the highest levels of distress leading to negative thinking patterns such as "I am to blame what happened to me"; "What will become of me?"; "If I go back, I will be killed'. Mr Quresh also reported that he is constantly on guard, as he does not feel safe in detention and does not trust people, something that he struggled for most of his life, as he stated.
• Marked physiological reactions and symptoms associated with hyperarousal when the above-mentioned intrusive symptoms are triggered: including constant nervousness, heart palpitations, trembling, restlessness, headaches as well as dissociative episodes. Mr Quresh reported experiencing "loss of time" when traumatic memories are triggered and associated emotional distress is at its highest. He also added that upon waking from nightmares, he experiences heightened arousal including a sense of dread; mimicking reactions he experienced during the traumatic events.
• Negative alterations in cognitions and mood: including persistently held negative beliefs about himself and about the world around him, with indications of helplessness, guilt, shame, lack of control and lack of safety. Mr Quresh's reported negative beliefs are associated with persistent negative emotional states whereby he reported a tendency to respond with anxiety, shame, and negativity to everyday situations. Mr Quresh also disclosed that he experiences low mood, sadness and loneliness daily adding: "I feel alone even though I am surrounded by people".
• Efforts to avoid distressing memories, thoughts, and conversations: Mr Quresh reported that as a consequence of his emotional distress when intrusive thoughts are triggered, he attempts to avoid them, avoids talking about them as well as anything that reminds him of his traumatic experiences. This was evident during the assessment session as Mr Quresh was hesitant to speak in detail about his traumatic experiences, and only offered additional information in a written format, following the assessment session.
• Sleep disturbances: including difficulties with initiating and maintaining sleep due to the persistent nature of his worries and recollections of traumatic material.
Mr Quresh reported that he suffers from hypertension, for which he is receiving medical treatment. He did not report any other medical or somatic complaints.
During the assessment, and in addition to a comprehensive psychological evaluation interview, two psychometric measures were used to further assess Mr Quresh's psychological wellbeing.
The Hopkins Symptom Checklist (HSCL-25 items, Mollica et al. 19871) was used to assess symptoms associated with depression and anxiety. The Hopkins Symptom Checklist-25 has been widely used in post-conflict and refugee populations to assess for symptoms of depression and anxiety. It comprises a 10-item subscale for anxiety and a 15-item subscale for depression, with each item scored on a Likert scale from 1 (not at all) to 4(extremely}. This measure has yielded high test-retest reliability (r=0.89 for the total scale, r=0.82 for each scale) and sound validity in relation to identifying cases of depression confirmed by clinical interview (Mollica et al. 1987).
The Harvard Trauma Questionnaire (HTQ-16 items, Mollica et al. 19922) was used to assess symptoms reflective of Posttraumatic Stress Disorder (PTSD). The Harvard Trauma Questionnaire is the most widely used international instrument measuring trauma exposure and symptoms of PTSD across refugee population. It comprises a 16-item scale with each item scored on a Likert scale from 1 (not at all) to 4(extremely}. The traumatic stress symptoms are derived from the DSM-IIIR/DSM-IV criteria for PTSD. The scale has demonstrated high interrater (r=0.98), test-retest (r=0.92) and internal reliability (r=0.96) (Mollica et al. 1996).
Mr Quresh's psychological assessment, the results of psychometric tests, as well as his presentation during the assessment indicate that he experiences symptoms associated with anxiety as well as symptoms associated with depression. Mr Quresh scored 2.40/4.0 on the anxiety subscale and 2.27/4.0 on the depression subscale of the Hopkins Symptom Checklist.
Individuals that score 1.75 or more on each subscale are considered clinically symptomatic indicating that Mr Quresh's reported symptoms for anxiety and depression are at clinical level and are causing him significant difficulties in overall functioning. Furthermore, Mr Quresh's score on the Harvard Trauma Questionnaire was 2.40/4.0 which indicates the presence of clinical symptoms reflective of Post-Traumatic Stress Disorder.
Mr Quresh's difficulties with emotional regulation and negative views of oneself, as well as difficulties with impulse control (as evident by his history of alcohol and drug use) in the context of his experienced early childhood trauma, are identifying hallmarks of developmental trauma3. The prospect of developing long lasting psychological difficulties, in the context of developmental trauma is great for Mr Quresh given that he has reported growing up in an environment of prolonged stress, without an adequate, safe, support network, specifically with reference to his childhood experience of persistent safety concerns and sexual abuse.
Such a combination of developmental experience is known to hinder normal brain development and lead to more prominent psychological difficulties in adulthood, namely, pervasive, severe symptoms of emotional distress and negative changes in cognitive and social processing3.
Consistent with this, distressing, persistent intrusive symptoms, persistent avoidance of triggers, negative alterations in cognition and mood, as well as marked alterations in arousal and sleeping difficulties as reported by Mr Quresh, are all symptoms associated with complex Posttraumatic Stress Disorder (as assessed according to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, DSM 54).
Considering Mr Quresh's reported psychological difficulties, the frequency, intensity and duration of his symptoms as well as taking into consideration his presentation during the assessment interview, it can be concluded that his symptoms are currently causing him severe distress and difficulty in his overall functioning.
Mr Quresh is 55-year-old Pakistani man who grew up in a context of domestic violence, community danger, and significant trauma, including childhood sexual abuse and exposure to civil conflict and violence. He first came to Australia in 2009 but returned to Pakistan after developing acute mental health symptoms, including paranoia, hallucinations, and suicidal ideation. In 2019, he experienced threats and assault by an influential individual in Pakistan, prompting his return to Australia. Since returning, Mr Quresh has experienced worsening mental health difficulties, substance use, and involvement in several incidents leading to criminal charges. He was sentenced in 2024 and transferred to VIDC in 2025, following completion of his custodial sentence. He reported being physically assaulted in custody where he continued to experience paranoia and hallucinations. Mr Quresh fears returning to Pakistan due to concerns that information about his mental health, criminal charges, and sexual orientation may be disclosed. He identifies as having longstanding same-sex attraction and believes he would face significant danger if this were known in Pakistan.
Due to reported traumatic experiences, some of which occurred at a crucial developmental age, Mr Quresh reported suffering from ongoing symptoms that are characteristic of complex Posttraumatic Stress Disorder. The experiencing of such symptoms is congruent with Mr Quresh's reported traumatic experiences and inadequate management of the emotional distress associated with these experiences, Specifically, the persistent fear for his safety, reliance on maladaptive coping strategies to manage his symptoms, including his alcohol and drug use, and the ongoing stressors he currently experiences (prolonged detention and uncertainty regarding his future), are all contributing/maintaining factors of his psychological presentation. Mr Quresh also reported history of symptoms consistent with acute psychotic episode, currently in remission, based on Mr Quresh's report.
Based on the assessment findings and clinical observations, it is recommended that Mr Quresh receive targeted psychological intervention and specialized support, as follows:
• Provision of ongoing psychological therapy aimed at enhancing adaptive stress management skills, strengthening coping strategies, and supporting cognitive restructuring and behavioural activation. This therapeutic focus is intended to reduce the likelihood of recurring anxiety and depressive symptoms, improve emotional regulation, and promote sustained psychological resilience.
• Engagement in long-term, trauma-focused counselling delivered by a specialist trauma service to address Mr Quresh's reported symptoms of Post-Traumatic Stress Disorder (PTSD). This should include evidence-based interventions targeting the impact of past traumatic experiences, with the goal of reducing trauma-related distress, improving functional capacity, and supporting long-term recovery.
• Ongoing comprehensive assessment and monitoring of his mental health status, with particular attention to the presence or emergence of psychotic symptoms and any associated risks of harm. This will support timely intervention, reduce the likelihood of further psychological deterioration, and promote stabilisation and overall emotional well-being.
It is anticipated that implementation of the above stated recommendations could assist Mr Quresh to manage his emotional distress associated with his current predicament as he has expressed the need for ongoing assistance."[51]
Is there another reason why the original decision should be revoked under section 501CA (4)?
(1) Australia has a sovereign right to determine whether non-citizens who are of character concern are allowed to enter and/or remain in Australia. Being able to come to or remain in Australia is a privilege Australia confers on non-citizens in the expectation that they are, and have been, law-abiding, will respect important institutions, such as Australia's law enforcement framework, and will not cause or threaten harm to individuals or the Australian community.
(2) The safety of the Australian Community is the highest priority of the Australian Government.
(3) Non-citizens who engage or have engaged in criminal or other serious conduct should expect to be denied the privilege of coming to, or to forfeit the privilege of staying in, Australia.
(4) The Australian community expects that the Australian Government can and should refuse entry to non-citizens, or cancel their visas, if they engaged in conduct, in Australia or elsewhere, that raises serious character concerns. This expectation of the Australian community applies regardless of whether the non-citizen poses a measurable risk of causing physical harm to the Australian community.
(5) Australia has a low tolerance of any criminal or other serious conduct by visa applicants or those holding a limited stay visa, or by other non- citizens who have been participating in, and contributing to, the Australian community only for a short period of time. However, Australia may afford a higher level of tolerance of criminal or other serious conduct by non- citizens who have lived in the Australian community for most of their life, or from a very young age.
(6) With respect to decisions to refuse, cancel, and revoke cancellation of a visa, Australia may afford a higher level of tolerance of criminal or other serious conduct by non-citizens who have lived in the Australian community for most of their life, or from a very young age.
(7) Decision-makers must take into account the primary and other considerations relevant to the individual case. In some circumstances, the nature of the noncitizen's conduct, or the harm that would be caused if the conduct were to be repeated, may be so serious that even strong countervailing considerations may be insufficient to justify not cancelling or refusing the visa, or revoking a mandatory cancellation.
(8) The inherent nature of certain conduct such as family violence is so serious that even strong countervailing considerations may be insufficient to justify not cancelling or refusing the visa, or revoking a mandatory cancellation, even if the information available at the time of consideration suggests that the non-citizen does not pose a measurable risk of causing physical harm to the Australian community.
Paragraph 6 of the Direction provides that:
Informed by the principles in paragraph 5.2, a decision maker must take into account the considerations identified in sections 8 and 9, where relevant to the decision.
(1) protection of the Australian community from criminal or other serious conduct; > > (2) whether the conduct engaged in constituted family violence; > > (3) the strength, nature and duration of ties to Australia: > > (4) the best interests of minor children in Australia; and > > (5) expectations of the Australian community.
a) Legal consequence of the decision; > > b) extent of impediments if removed; > > c) impact on Australian business interests
"...Direction 65 [now Direction 110] makes clear that an evaluation is required in each case as to the weight to be given to the 'other considerations' (including non‑refoulement obligations). It requires both primary and other considerations to be given 'appropriate weight'. Direction 65 does provide that, generally, primary considerations should be given greater weight. They are primary in the sense that absent some factor that takes the case out of that which pertains 'generally' they are to be given greater weight. However, Direction 65 does not require that the other considerations be treated as secondary in all cases. Nor does it provide that primary considerations are 'normally' given greater weight. Rather, Direction 65 concerns the appropriate weight to be given to both 'primary' and 'other considerations'. In effect, it requires an inquiry as to whether one or more of the other considerations should be treated as being a primary consideration or the consideration to be afforded greatest weight in the particular circumstances of the case because it is outside the circumstances that generally apply."[58]
Primary Consideration 1 - Protection of The Australian Community
a) The nature and seriousness of the non-citizen's conduct to date; and > > b) The risk to the Australian community should the non-citizen commit further offences or engage in other serious conduct.
The Nature and Seriousness of the Applicant's Conduct to Date
(i) causing a person to enter into or being party to a forced marriage (other than being a victim), regardless of whether there is a conviction for an offence or a sentence imposed; > > (ii) crimes committed against vulnerable members of the community (such as the elderly and the disabled), or government representatives or officials due to the position they hold, or in the performance of their duties; > > (iii) any conduct that forms the basis for a finding that a non-citizen does not pass an aspect of the character test that is dependent upon the decision-maker's opinion (for example, section 501(6)(c)); > > (iv) where the non-citizen is in Australia, a crime committed while the non-citizen was in immigration detention, during an escape from immigration detention, or after the non-citizen escaped from immigration detention, but before the non-citizen was taken into immigration detention again, or an offence against section 197A of the Act, which prohibits escape from immigration detention.
The Risk to the Australian Community Should the Applicant Commit Further Offences or Engage in Other Serious Conduct
a) the nature of the harm to individuals or the Australian community should the non-citizen engage in further criminal or other serious conduct; > > b) the likelihood of the non-citizen engaging in further criminal or other serious conduct, taking into account: > > > (i) information and evidence on the risk of the non-citizen re-offending; and > > > > (ii) evidence of rehabilitation achieved by the time of the decision, giving weight to time spent in the community since their most recent offence; and > > > > 1. where consideration is being given to whether to refuse to grant a visa to the non-citizen - whether the risk of harm may be affected by the duration and purpose of the non-citizen's intended stay, the type of visa being applied for, and whether there are strong or compassionate reasons for granting a short stay visa.
Nature of harm should the Applicant engage in further criminal or other serious conduct
Likelihood of engaging in further criminal or other serious conduct
"Outline any factors you believe help explain your offending, that you want the decision-maker to take into account.
I own my actions I take full responsibilities for my negative actions. I apologize and regret my negative behaviour I am fully committed to rehabilitations some of my actions where partially influences by mental disorders (because of drug and alcohol). I am taking actions through medications and behavioural therapy to resolve any issues."[62]
"If you have completed any courses or programs that will help you to avoid further offending, provide details of these and attach evidence.
(1) Alcohol Awareness (2) Drug Awareness (3) Thinking Skills (4) Anger Management (5) Strength Based Programs (6) Victim Awareness (7) Gambling Awareness (8) Education and Employment (9) Emotional Wellbeing (10) Remand Domestic Abuse (11) First Aid (12) Work Safety at heights.
Provide information on what you believe to be the risk of you offending in the future, and your supporting reasons
I will not offend again. I have completed several courses to assist me in the community to manage my addictions. I have been drug and alcohol free since being in custody and I am not medicated from my mental health. I have been seen a psychologist to help with coping in difficult time."[63]
"Submission in Response to Police and Court Documents
I am writing this submission in response to the police and court documents concerning the incidents that led to the cancellation of my visa. I have carefully reviewed these reports and take full responsibility for my actions. I understand the gravity of the allegations and offer this statement to provide essential context regarding the circumstances that surrounded these events.
As noted in the reports, I was experiencing a severe mental health crisis at the time, which was triggered by a combination of significant personal, financial, and emotional stressors. This crisis unfortunately led to substance use, which resulted in the documented incidents. I am not offering this information as an excuse, but as a critical part of my journey toward accountability and rehabilitation.
Since these events, I have taken tangible and committed steps toward recovery and personal growth. I have been working with a psychologist, but due to a sense of deep shame, I did not disclose my substance use to doctors or mental health professionals prior to my detention. However, upon arrival at the detention center, I made the decision to be fully transparent with medical professionals and psychiatrists here. This was a crucial step in my recovery and a reflection of my commitment to addressing the root causes of my actions.
I deeply regret the harm and distress my actions have caused. My conduct was out of character, and I am committed to demonstrating through my actions that I can be a positive and contributing member of the Australian community.
During my time in detention, I have actively focused on my spiritual, physical, and emotional well-being. I regularly attend church and have earned a certificate for my efforts in reading and understanding the Bible. I have also engaged in various activities within the detention center to maintain focus and motivation, and I prioritize my physical health through regular exercise. These efforts reflect my dedication to genuine change and my determination to lead a constructive life.
I also wish to highlight my unwavering commitment to Australia's safety and security. I have provided sensitive national security information to Australian authorities, an action that I believe demonstrates my allegiance to this country and my genuine desire to contribute positively to its well-being. This was a decision made out of a strong moral conviction and a desire to uphold the values of this nation.
I respectfully ask that the significant impact of deportation on my family be taken into consideration. My family is financially, emotionally, and educationally dependent on me. My deportation would be devastating for them. Furthermore, I have serious concerns for my safety and my family's safety should I be deported to Pakistan. Recent legislation in Pakistan has resulted in the arrest, torture, and killing of deportees upon their return. Additionally, there is a serious risk that my personal information could be leaked by authorities, which would put my family in grave danger from various extremist groups. For these reasons, deportation to Pakistan would be a life-threatening decision for both me and my family.
In light of the police and court reports, my demonstrable efforts toward rehabilitation, and the severe consequences of deportation, I humbly request that my case be reviewed with compassion and understanding. I am prepared to provide any additional information or support required to facilitate a thorough review of my situation.
Thank you for your time and for considering my submission."[67]
(1) Decision-makers must consider any impact of the decision on the non-citizen's immediate family members in Australia, where those family members are Australian citizens, Australian permanent residents, or people who have a right to remain in Australia indefinitely.
(2) Where consideration is being given to whether to cancel a non-citizen's visa or whether to revoke the mandatory cancellation of their visa, the decision-maker must also consider the strength, nature and duration of any other ties that the non-citizen has to the Australian community. In doing so, decision-makers must have regard to:
a) how long the non-citizen has resided in Australia, including whether the non-citizen arrived as a young child, noting that:
b) the strength, duration and nature of any family or social links with Australian citizens, Australian permanent residents and/or people who have an indefinite right to remain in Australia.
Primary Consideration 4: The best interests of minor children in Australia
Primary Consideration 5 - The Expectations of The Australian Community
(a) acts of family violence; or
(b) causing a person to enter into, or being party to (other than being a victim of), a forced marriage;
(c) commission of serious crimes against women, children or other vulnerable members of the community such as the elderly or disabled; in this context, 'serious crimes' include crimes of a violent or sexual nature, as well as other serious crimes against the elderly or other vulnerable persons in the form of fraud, extortion, financial abuse/material exploitation or neglect;
(d) commission of crimes against government representatives or officials due to the position they hold, or in the performance of their duties; or
(e) involvement or reasonably suspected involvement in human trafficking or people smuggling, or in crimes that are of serious international concern including, but not limited to, war crimes, crimes against humanity and slavery; or
(f) worker exploitation.
This consideration is about the expectations of the Australian community as a whole, and in this respect, decision-makers should proceed on the basis of the Government's views as articulated above, without independently assessing the community's expectations in the particular case.
Analysis - Allocation of Weight to Primary Consideration 5
(a) the non-citizen's age and health; > > (b) whether there are any substantial language or cultural barriers; and > > (c) any social, medical and/or economic support available to that non-citizen in that country.
I certify that the preceding one hundred and ninety-nine (199) paragraphs are a true copy of the reasons for the decision herein of Senior Member Hon J Rau SC.
.............................[sgnd]...................................
[7] Exhibit 2: Applicant Tender Bundle ("ATB"), 20.
[56] On 21 June 2024, the former applicable direction, Direction No. 99 - Visa refusal and cancellation under s501 and revocation of a mandatory cancellation of a visa under s501CA, was revoked and was replaced by Direction 110.
[72] See Uelese v Minister for Immigration and Border Protection [2016] FCA 348; Afu v Minister for Home Affairs [2018] FCA 1311; YNQY v Minister for Immigration and Border Protection [2017] FCA 1466 and FYBR v Minister for Home Affairs [2019] FCA 500.
[73] See Plaintiff M1/2021 v Minister for Home Affairs (2022) 275 CLR 582.
Uelese
Minister for Immigration and Border Protection
Uelese v Minister for Immigration and Border Protection [2016] FCA 348
YNQY v Minister for Immigration and Border Protection [2017] FCA 1466
Afu v Minister for Home Affairs [2018] FCA 1311
Suleiman v Minister for Immigration and Border Protection [2018] FCA 594
FYBR v Minister for Home Affairs [2019] FCA 500
FYBR v Minister for Home Affairs [2019] FCAFC 185
(2022) 275 CLR 582