Chauhan (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel the Subclass 500 (Student) visa of Mr Anmol Chauhan, an Indian national. The cancellation was based on Mr Chauhan's criminal convictions and a community corrections order imposed by the Ringwood Magistrates’ Court on 3 October 2019. The Tribunal was required to determine whether the ground for cancellation was made out and, if so, whether the visa should be cancelled in the exercise of discretion.

The Tribunal was required to consider whether the ground for cancellation under s.116(1)(g) of the Migration Act 1958 and r.2.43(1)(oa) of the Migration Regulations 1994 was established, given Mr Chauhan's criminal convictions. If the ground was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account Mr Chauhan's circumstances, including his purpose for being in Australia, his completion of studies, and any compelling reasons to remain or travel to Australia. The Tribunal also had to consider the impact of Mr Chauhan's failure to provide requested information and his subsequent loss of the right to a hearing.

The Tribunal found that the ground for cancellation was established due to Mr Chauhan's conviction for nine criminal offences. In considering the exercise of discretion, the Tribunal noted that Mr Chauhan had completed his Master of Information Technology degree and had not provided information indicating a desire for further study in Australia, nor had he applied for a bridging visa without a study condition. The Tribunal also considered the applicant's explanations for his offending and his insight into his conduct, finding them implausible. Furthermore, the Tribunal noted that Mr Chauhan had lost his entitlement to a hearing due to failing to respond to the Tribunal's requests for information within the prescribed timeframes.

The Tribunal affirmed the delegate's decision to cancel Mr Chauhan's visa.