Singh and Minister for Immigration and Border Protection (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration and Border Protection to refuse Mr Amrit Pal Singh a Partner (Temporary)(Class UK) visa. Mr Singh, a citizen of India, had been convicted of sexual penetration without consent and sentenced to six years imprisonment. His subsequent application for a partner visa was refused under section 501(1) of the *Migration Act 1958* (the Act), which allows for refusal or cancellation of a visa if the applicant does not pass the character test.

The Administrative Appeals Tribunal was required to determine whether Mr Singh passed the character test and, if not, whether his visa should be refused, taking into account the considerations outlined in Direction No. 65. The character test is defined in section 501(6) of the Act. Direction No. 65 requires decision-makers to consider various factors, including international non-refoulement obligations and the impact on family members.

The Tribunal found that Mr Singh's conviction for a serious offence, described as a "manifest betrayal of trust," weighed heavily against him. While acknowledging the significant impact an adverse decision would have on his Australian citizen wife, Ms Louise Donnan, including potential relocation to India and psychological distress, the Tribunal determined this was an "other consideration" and not a primary one. The Tribunal emphasised that the focus must principally be on the applicant's own character, not solely on the effect an adverse decision might have on another person, however relevant that consideration may be.

Ultimately, the Tribunal affirmed the decision of the Minister's delegate to refuse Mr Singh a Partner (Temporary)(Class UK) visa under section 501(1) of the Act, finding that the discretion to refuse the visa had been correctly exercised.