Amardeep Singh (Migration)

This matter concerned an application by Amardeep Singh for review of the decision to cancel his Subclass 500 (Student) visa. The cancellation was based on the ground that his presence in Australia posed a risk to the health, safety or good order of the Australian community, pursuant to section 116(1)(e) of the Migration Act 1958 (Cth). The Tribunal was required to determine whether this ground for cancellation was made out and, if so, whether the visa should be cancelled.

The Tribunal considered evidence including CCTV footage from a taxi, affidavits from the alleged victim and her family, and police statements. These documents detailed allegations that Mr. Singh, while working as a taxi driver, indecently assaulted an intoxicated female passenger. Mr. Singh denied the allegations, stating he acted appropriately to assist a passenger who was unwell and that he was innocent. The charges of indecent assault were still before the Magistrates Court.

Applying the principles from *Gong v MIBP* [2016] FCCA 561, the Tribunal found that the power to cancel a visa under section 116(1)(e) could arise on the possibility that an event occurred, and did not require a direct, solid, or certain foundation. Despite Mr. Singh's denials and the ongoing criminal proceedings, the Tribunal was satisfied that the ground for cancellation was made out based on the available evidence.

Consequently, the Tribunal affirmed the decision to cancel Mr. Singh's Subclass 500 (Student) visa.