Miglani (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel the applicant's Subclass 500 (Student) visa under section 116 of the Migration Act 1958 (Cth). The applicant, Mr Sunny Miglani, an Indian national, had been granted a Student visa as a secondary applicant in his wife's application. The cancellation was based on his conviction for two charges of sexual assault and one charge of false imprisonment.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(g) of the Act, read with regulation 2.43(1)(oa) of the Migration Regulations 1994, was made out. If so, the Tribunal was required to determine whether, in the exercise of its discretion, the applicant's visa should be cancelled, considering all relevant circumstances.

The Tribunal found that the ground for cancellation was established, as the applicant conceded his convictions for the specified offences. The applicant had been convicted of sexual assault and false imprisonment, and subsequently, further offences related to failing to report required information under his sex offender registration. While the applicant's sentence was varied on appeal, the convictions themselves were upheld. The Tribunal then considered whether to exercise its discretion to cancel the visa. It noted the applicant's background, his wife's immigration aspirations, and his own stated desire to study in Australia. However, it also took into account the seriousness of the criminal convictions, including his subsequent breaches of his sex offender registration obligations, and concluded that there were no compelling reasons for the applicant to remain in Australia.

Consequently, the Tribunal affirmed the delegate's decision to cancel the applicant's Subclass 500 visa. The applicant remained detained in immigration detention at the time of the decision.