Goya Dmytryshchak
A 31-year-old man has failed to have his visa reinstated after it was cancelled over a string of crimes, including trying to set fire to a St Albans service station and a group attack on a man catching a train from Footscray to Sunshine.
The Administrative Appeals Tribunal of Australia has agreed with the visa cancellation of the man, given the pseudenym of JJNY, who was born in Sudan and arrived in Australia in 2002.
JJNY had been sentenced for 68 offences since 2007, the tribunal heard.
He was convicted of crimes including armed robbery, assaulting police, recklessly causing serious injury, assault with a weapon and firearms offences.
Since October 2016, he has been held in, firstly, criminal custody and, subsequently, immigration detention.
A Victoria Police incident summary report stated that one of JJNY’s victims had caught a train from Footscray to Sunshine before being assaulted and robbed by a group.
The tribunal said JJNY’s most serious offence of reckless conduct endangering life happened at 5.07pm on December, 14, 2016, when he entered a 7-Eleven service station in Taylors Road, St Albans, and unsuccessfully used a cigarette lighter to try to ignite petrol fumes from two petrol nozzles.
The prosecution had told the Sunshine Magistrates Court: “This incident was witnessed by a male who immediately feared the accused’s actions and knew if he did not act he and other persons present would almost certainly have been killed. The witness grabbed a nearby fire extinguisher and began spraying the accused who attempted to set fire to the petrol.”
Tribunal deputy president John Sosso said: “It is very fortunate that the petrol station incident did not result in loss of life.
“The tribunal has formed the view that there is at least a medium risk, and possibly a significant risk, to the Australian community of the applicant (JJNY) engaging in further criminal or other serious conduct if he were to be released back into society.
“That risk includes, but is not limited to, the commission of acts of violence against members of the Australian community.”
