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

This matter concerned an appeal by Mr Singh against a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to revoke the mandatory cancellation of his visa. The dispute arose because Mr Singh failed to pass the character test due to his criminal convictions. The case was heard by the Hon. John Pascoe AC CVO, Deputy President.

The primary legal issue before the Tribunal was whether there was "another reason" why the mandatory cancellation of Mr Singh's visa should be revoked, having regard to Ministerial Direction No. 79. This required the Tribunal to consider various factors, including the protection of the Australian community, the best interests of any minor children in Australia, community expectations, the strength, nature and duration of ties to Australia, and impediments to removal.

The Tribunal considered the seriousness of Mr Singh's offending, which included a history of violence, dishonesty, and attempts to pervert the course of justice by influencing a witness. It also took into account Mr Singh's evidence of remorse, his efforts to address anger management and mental health issues, and his desire to support his Australian-born daughter and ageing parents. The Tribunal noted Mr Singh's intelligence and capacity to change his behaviour, provided he received appropriate support.

Ultimately, the Tribunal found that the correct and preferable decision was to set aside the delegate's decision not to revoke the visa cancellation. The Tribunal revoked the decision to cancel Mr Singh's visa, allowing him to remain in Australia.