HIV circus performer faces deportation

The Immigration Department is considering the case of an HIV-positive acrobat who could be deported to Zimbabwe after infecting his girlfriend.

Gold Coast performer Godfrey Zaburoni, 38, was originally sentenced to nine-and-a-half-years jail for passing on the virus, but two months ago the High Court quashed the conviction because there was insufficient evidence he intended to infect the woman.

He was re-sentenced to five years imprisonment for the lesser charge of unlawfully doing grievous bodily harm in Brisbane's District Court on Friday.

That sentence was suspended immediately after because he had already served more than three years in jail.

But Zaburoni now faces being deported because authorities have previously indicated he would likely be sent to Zimbabwe upon release.

A spokesman for the Department of Immigration and Border Protection said it would not comment on the specific details.

"The Department is aware of and is considering this case," they said in a statement.

"Visa holders must continue to meet the character requirements set out under section 501 of the Migration Act 1958 as well as the conditions imposed on their visa."