Jabarjeet Singh (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel Jabarjeet Singh's Subclass 485 (Temporary Graduate) visa. The cancellation was based on Mr. Singh's conviction for driving under the influence of alcohol and failing to provide a breath sample to police in the ACT.

The Tribunal was required to determine whether the grounds for visa cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) and regulation 2.43(1)(oa) of the Migration Regulations 1994 were made out. Having found that the ground for cancellation existed, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that the applicant had been convicted of the specified offences, thus satisfying the ground for cancellation. However, as the cancellation was not mandatory, the Tribunal proceeded to consider the exercise of discretion. The applicant provided evidence of genuine remorse, explaining the offences arose from a temporary emotional disturbance and were a one-off incident not reflective of his character. He highlighted his contributions to the Australian community, including his work during the COVID-19 lockdown with ACT Health and at various vaccination and testing centres, and his commitment to abstaining from alcohol. The Tribunal considered these factors, along with the applicant's stated intention to apply for a Subclass 491 visa, and concluded that the decision to cancel the visa should be set aside.

The Tribunal set aside the decision under review and substituted a decision not to cancel Mr. Singh's Subclass 485 visa. The Tribunal noted it had no jurisdiction concerning a second applicant.