An international student accused of raping a woman last year has been granted a blue card thanks to a tribunal ruling his case was not exceptional and did not show he was a risk to children.
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The 27-year-old man, who is studying pharmacy at a Queensland university and on a temporary student visa, was first issued a blue card in March, 2016.
He was charged with rape in July last year and the card was cancelled one week later.
Due to his study requirements, the man would need to work in a pharmacy for work placement, which would require a blue card as he might be required to work with children.
He has disputed the allegations.
The Queensland Civil and Administrative Tribunal's decision to reissue the student's blue card was due to the evidence not reaching "the level of exceptional circumstances".
"The alleged offence, with which he is charged, was committed, at a time, when he was heavily intoxicated, he was not at work and was in a social setting," the statement said.
QCAT member Robert King-Scott's finding stated the matter had not proceeded through the committal stage and it would be unlikely it would go to trial in the near future.
His ruling did not see the man's behaviour on the night in question "as posing a potential risk to children he may come in contact with".
"It is not reasonable to compare the applicant’s behaviour, in those circumstances to circumstances outlined in the respondent’s submissions where he may be required to work with children or young people," the statement said.
