Migrant allowed to stay in Australia despite being banned from working with kids and stalking his ex
- Pakastani refugee is banned from working with children
- He will be allowed to stay in Australia after NCAT ruling
- READ MORE: Australia's staggering deportation queue exposed
A personal trainer will be allowed to stay in Australia, despite being banned from working with children and 'menacingly' stalking his ex-partner.
Disturbing details of his criminal history and previous domestic violence offences were laid bare by the NSW Civil and Administrative Tribunal (NCAT) after the man appealed a decision by authorities to refuse his Working With Children Check.
The man's application was rejected on the grounds that he posed a risk to the safety of children due to previous violent tendencies.
NCAT heard that the man first arrived in Australia with his family on a protective visa in mid-2014 after they fled from Pakistan.
That same year, he faced a Children's Court after he was accused of indecently assaulting a girl under the age of 16.
However, two indecent assault charges were withdrawn after he pleaded guilty to one count of common assault and was issued with a caution.
In 2022, the man was back before the courts after he was convicted of domestic violence offences for stalking his ex-partner.
The tribunal heard the woman feared for her safety as he drove 'erratically and menacingly' while tailing her.
A refugee had his Working With Children Check application refused after disturbing details of his criminal history and previous domestic violence offences were laid bare
'He was just honking his horn, flashing his lights… coming very close to me or going into the other lane without indicating, cutting into mine, speeding up and braking in front of me,' the woman told the magistrate.
The personal trainer lodged an application with the Office of the Children's Guardian (OCG) for a WWCC check as it was a staff requirement at the gym.
The tribunal heard the man used artificial intelligence (AI) to answer the questions, and that the department requested further information about his application.
The OCG refused the man's WWCC application in September 2024, prompting an administrative review.
NCAT upheld OCG's decision to reject his application, citing the man's 'pattern of violent behaviour when dealing with conflict'.
'We hold concerns that the applicant is at risk of repeating that conduct, and in the presence of children,' the judgement read.
'On balance, the tribunal is satisfied on the evidence before it that the applicant poses a real and appreciable risk to the safety of children.
NCAT noted that the gym's WWCC requirement does not appear to be mandated by law.
The tribunal ruled that the refugee posed a risk to the safety of children due to his violent past
'There is no evidence to suggest that the applicant could not obtain employment as a personal trainer or fitness coach elsewhere, and to provide his services to adults,' the tribunal added.
A Home Affairs spokesperson told The Daily Telegraph that the federal government takes its responsibility to protect the community from non-citizens who engage in criminal activity seriously.
'The department reserves the right to cancel visas upon a range of grounds. Visa cancellation powers help to ensure the protection of the Australian community and the integrity of Australia's borders and visa programs,' they said.
