Parbat Singh (Migration)

This matter concerned an application by Mr. Parbat Singh for review of the decision to cancel his Subclass 500 (Student) visa. The applicant had arrived in Australia in July 2018, accompanying his wife who was the primary visa holder. The dispute arose from the applicant's criminal convictions, including common assault (domestic violence) for which he received a Community Correction Order, and more serious pending charges relating to sexual offences. The applicant's marriage to his wife had ended, and they were now divorced.

The Tribunal was required to determine whether the grounds for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) were met, and if so, whether the discretion to cancel the visa should be exercised. Specifically, the Tribunal had to consider if the applicant's criminal convictions constituted a prescribed ground for cancellation under regulation 2.43(1)(oa) of the Migration Regulations 1994. Following this, the Tribunal needed to assess all relevant circumstances in deciding whether to affirm the cancellation, including government policy and matters raised by the applicant.

The Tribunal found that the applicant's conviction for common assault (DV) and the pending charges for sexual offences satisfied the ground for cancellation under section 116(1)(g). In exercising its discretion, the Tribunal considered several factors. It gave significant weight in favour of cancellation to the fact that the applicant no longer had a compelling need to remain in Australia, as his original purpose of accompanying his spouse was negated by their divorce. While acknowledging the potential for hardship to the applicant, the Tribunal afforded this consideration limited weight given the circumstances. The Tribunal also noted that the grounds for cancellation arose from the applicant's own serious criminal conduct, including domestic violence, and that the victim was his former spouse.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's Subclass 500 (Student) visa, concluding that, on the totality of the circumstances, the visa should be cancelled.