Neupane (Migration)

This matter concerned an appeal by Mr. Neupane against the decision of the Minister to cancel his Subclass 500 (Student) visa. The Minister's decision was based on the applicant's criminal convictions for offences involving the sexual touching of a child and stalking or intimidation. The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether the visa should be cancelled in the exercise of discretion.

The primary legal issue before the Tribunal was whether the applicant's convictions for intentionally sexually touching a child and stalking or intimidating a person with intent to cause fear of physical harm constituted a prescribed ground 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 (Cth). If this ground was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, having regard to all relevant circumstances.

The Tribunal found that the applicant had been convicted of the specified offences on 21 January 2021, a fact acknowledged by the applicant. This satisfied the ground for cancellation under section 116(1)(g). In considering the exercise of discretion, the Tribunal had regard to various factors, including the nature of the offences, the age of the complainant, and the applicant's conduct as detailed in the NSW Police Facts Sheet. The Tribunal concluded that, considering the circumstances as a whole, the visa should be cancelled.

Consequently, the Tribunal affirmed the decision to cancel Mr. Neupane's Subclass 500 visa.