Saini (Migration)

This matter concerned an application to review the decision of the Minister to cancel the applicant's Subclass 500 (Student) visa. The ground for cancellation was that the applicant had been convicted of an offence against a law of the Commonwealth, specifically three counts of intentionally sexually touching a child. The applicant acknowledged these convictions and the penalty imposed, which included a three-year community correction order.

The Tribunal was required to determine whether the ground for cancellation under section 116(1)(g) of the Migration Act 1958 (Cth) and regulation 2.43(1)(oa) of the Migration Regulations 1994 existed, and if so, whether the discretion to cancel the visa should be exercised. The applicant had been convicted of intentionally sexually touching a child who was between 10 and 16 years of age, while the applicant was 24 years old.

The Tribunal found that the ground for cancellation was established due to the applicant's criminal convictions. In considering the exercise of discretion, the Tribunal had regard to various factors, including the circumstances of the offending, the applicant's behaviour, and potential hardship. The Tribunal noted that the victim was a 12-year-old student and the applicant was 24 at the time of the offences, which involved kissing and touching. Despite the applicant's circumstances, including a previous relationship that had ceased, the Tribunal concluded that there were no extenuating circumstances that warranted a refusal to cancel the visa.

Consequently, the Tribunal affirmed the decision to cancel the applicant's visa.