Singh and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration)

This matter concerned an application by Mr Harpreet Singh for review of a decision by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse his application for a Subclass 189 Skilled – Independent (Permanent) (Class SI) Visa. The refusal was based on the criterion in s 501(6)(d)(i) of the *Migration Act 1958* (Cth), which relates to the risk of engaging in criminal conduct if allowed to remain in Australia. The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Singh failed the character test under this provision and, if so, whether to exercise the discretion to refuse the visa.

The Tribunal was tasked with assessing whether Mr Singh posed a risk of engaging in criminal conduct in the future, a forward-looking test that requires more than evidence of past offending. The Tribunal considered the applicant's history, including convictions for contravening an Intervention Order and unlawful assault in 2012, and intentionally causing injury in 2013, for which he received good behaviour bonds and a community corrections order. It also noted an incident in 2017 where he was found asleep in a car with the engine running and was released with an infringement notice. The Tribunal had regard to the principles established in cases such as *Akpata* and *Irving*, which outline that past convictions are relevant to character assessment, but the focus must be on whether the applicant has reformed and whether there is a risk of future criminal conduct.

The Tribunal reasoned that while Mr Singh had a history of offending, including serious matters, he had demonstrated significant rehabilitation. He had completed his court-ordered obligations, including compensation payments, and had undertaken counselling to address issues such as alcohol misuse and emotional regulation. He had also established a stable relationship and expressed a clear intention to build a future in Australia. The Tribunal found that the past conduct, while serious, was not indicative of a future risk of criminal behaviour, particularly given the passage of time since his last court appearance and the positive changes in his life circumstances.

Consequently, the Tribunal set aside the delegate's decision to refuse the visa. In substitution, the Tribunal decided not to refuse Mr Singh's application for the Subclass 189 Skilled – Independent (Permanent) (Class SI) Visa, finding that he did not fail the character test under s 501(6)(d)(i) of the *Migration Act 1958* (Cth).