Prabhjot Singh (Migration)

The Administrative Appeals Tribunal considered the case of Prabhjot Singh, who was the secondary applicant on his wife's Temporary Skill Shortage (Class GK) visa, Subclass 482. Following his divorce from the primary visa holder, the Department of Home Affairs initiated cancellation proceedings for his visa. Mr. Singh sought review of this decision before the Tribunal.

The primary legal issue before the Tribunal was whether to affirm the Department's decision to cancel Mr. Singh's visa. This involved determining if a ground for cancellation existed under section 116(1)(a) of the *Migration Act 1958* (Cth) and, if so, whether the Tribunal should exercise its discretion to cancel the visa, considering the circumstances presented by the applicant.

The Tribunal found that the ground for cancellation under s 116(1)(a) was satisfied because the applicant's original purpose for travel and stay in Australia, being in a genuine relationship with his then-spouse, was no longer operative due to their divorce. While acknowledging the applicant's compliance with visa conditions and the potential hardship of cancellation, the Tribunal gave significant determinative weight to the fact that the basis for the visa was no longer valid. The applicant's stated intention to apply for a dependent visa with his new wife was noted, but the Tribunal found this did not outweigh the operative ground for cancellation, particularly as COVID-19 restrictions were not presented as an insurmountable barrier to exploring other visa options.

Ultimately, the Tribunal affirmed the decision to cancel Mr. Singh's Subclass 482 visa.