Singh and Minister for Home Affairs (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to cancel the visa of an Indian national. The applicant, who held a Skilled – Independent Visa, had been convicted of serious offences involving child grooming and indecent acts with a child. The delegate's decision to cancel the visa was based on the applicant failing the character test under section 501(2) of the *Migration Act 1958* (Cth).

The primary legal issue before the Tribunal was whether to exercise the discretion under section 501(2) of the *Migration Act* to cancel the applicant's visa. This required the Tribunal to consider the applicant's character, the seriousness of his offending, the risk of reoffending, and the expectations of the Australian community, as guided by Direction No. 65. The Tribunal was also required to assess the weight of countervailing considerations, such as the applicant's contributions to the Australian community and the impact on his family.

The Tribunal reasoned that the applicant's convictions for sexually based offences involving a child were inherently serious and viewed very seriously by the Australian community. It acknowledged the principle that crimes against vulnerable members of the community are particularly grave. While noting the applicant's compliance with sex offender registration requirements and evidence of his positive contributions to the community and family life, the Tribunal found that these factors were insufficient to outweigh the paramount consideration of protecting the Australian community from the risk of further harm. The Tribunal applied the principles outlined in Direction No. 65, which prioritises community protection and reflects the expectation that individuals who commit serious crimes, especially against children, should generally forfeit the privilege of remaining in Australia.

The Tribunal affirmed the delegate's decision to cancel the applicant's visa.