Migrant Allowed to Remain in Australia, Despite Prohibition on Child Work and History of Stalking Ex-Partner
Refugee Personal Trainer Denied Work Permit Due to Violent Behaviour
In a recent ruling, the New South Wales Civil and Administrative Tribunal (NCAT) upheld the decision to reject a refugee's application for a Work Working with Children Check (WWCC), effectively denying him the opportunity to work as a personal trainer or fitness coach in Australia.
The refusal of the man's WWCC application, which occurred in September 2024, followed an administrative review. The tribunal's judgement expressed concerns about the man's 'pattern of violent behaviour when dealing with conflict'. The ruling stated that the man poses a real and appreciable risk to the safety of children.
NCAT noted that the gym's WWCC requirement is not mandated by law, but the tribunal found that the refusal was justified given the man's history. The tribunal's concerns were further fuelled by the judgement's assertion that the man might repeat his violent conduct, especially in the presence of children.
A Home Affairs spokesperson confirmed that the federal government takes its responsibility to protect the Australian community from non-citizens who engage in criminal activity seriously. The department reserves the right to cancel visas upon a range of grounds, helping to ensure the protection of the Australian community and the integrity of Australia's borders and visa programs.
However, the available search results do not provide information about which authority decided that the personal trainer lost his work permit for Australia due to being banned from working with children and having exhibited threatening behaviour towards his former partner.
Despite these setbacks, the tribunal noted that the refugee could potentially find employment as a personal trainer or fitness coach elsewhere, serving adults only. The man, who has been in Australia for several years, has expressed his desire to contribute positively to the Australian community and build a better life for himself and his family.
This case serves as a reminder of the importance of protecting the safety and well-being of all members of the Australian community, particularly children. It also highlights the need for thorough background checks and the careful consideration of an individual's past behaviour when making decisions about their eligibility to work with vulnerable groups.
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