Singh and Minister for Home Affairs (Migration)

This matter concerned an appeal to the Administrative Appeals Tribunal by Mr. Singh against the Minister for Home Affairs' decision not to revoke the cancellation of his visa. Mr. Singh's visa had been mandatorily cancelled under section 501(3A) of the *Migration Act 1958* (Cth) due to his substantial criminal record, specifically a sentence of imprisonment of 12 months or more. The Tribunal was required to conduct a de novo merits review of the decision not to revoke the cancellation.

The primary legal issues before the Tribunal were whether the cancellation of Mr. Singh's visa should be revoked, considering the provisions of Ministerial Direction No. 65. This involved assessing the "primary considerations" of the protection of the Australian community, the best interests of any minor children in Australia affected by the decision, and the expectations of the Australian community. The Tribunal also had to consider "other considerations," including the strength, nature, and duration of Mr. Singh's ties to Australia, the impact on victims of his offending, and the extent of impediments to his removal from Australia.

The Tribunal reasoned that it was required to make its own independent assessment of the material before it, standing in the shoes of the original decision-maker. In applying Ministerial Direction No. 65, the Tribunal found that Mr. Singh's offences were numerous, repeated, and frequently involved violence, including against a vulnerable partner, thus rating as serious. The Tribunal also considered the risk of reoffending, noting that the word "risk" in this context implies more than a mere possibility of criminal conduct. While acknowledging Mr. Singh's remorse, his engagement with rehabilitation programs, and his commitment to his young daughter, the Tribunal ultimately affirmed the decision not to revoke the visa cancellation.