Singh and Minister for Home Affairs (Migration)

This matter concerned an appeal by Mr Singh against a decision by the Minister for Home Affairs to refuse to grant him a visa on character grounds. Mr Singh had failed the character test under section 501 of the *Migration Act 1958* (Cth) due to a past sexual offence. The Administrative Appeals Tribunal (AAT) was required to determine whether to uphold the Minister's decision.

The primary legal issue before the Tribunal was whether Mr Singh continued to satisfy the character requirements for a visa, given his prior conviction for indecent assault. This involved assessing the risk of re-offending, the impact of his offending on the victim, and the weight to be given to his rehabilitation and remorse. The Tribunal also considered the significance of a previous decision in 2011 where the Department had decided not to cancel Mr Singh's visa on character grounds, and whether legislative changes and a new Ministerial Direction since that time altered the assessment.

The Tribunal reasoned that while Mr Singh had shown remorse and insight into his offending, and had no further criminal history since the incident in 2007, the seriousness of the sexual offence, particularly against a minor, could not be overlooked. Expert evidence from a forensic psychologist indicated a low risk of re-offending, but the Tribunal noted that no psychological instrument could definitively rule out future behaviour. Crucially, the Tribunal considered the impact of Mr Singh's offending on his partner's daughter, who had a vulnerable health condition and relied on Mr Singh for support. The Tribunal found that the risk of Mr Singh's conduct causing further distress to this vulnerable individual was a significant factor.

Ultimately, the Tribunal set aside the Minister's decision and remitted the matter to the Minister for reconsideration. The Tribunal concluded that while the character test had not been met, the discretion to grant a visa could still be exercised, taking into account all relevant factors, including the positive aspects of Mr Singh's conduct and his support for his partner, balanced against the seriousness of his past offending.