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

This matter concerned an application by Ms Vardana Ashweeni Singh, a citizen of Fiji, for a review of the delegate's decision of 29 November 2019 not to revoke the mandatory cancellation of her visa. The visa cancellation had been made on 9 April 2019 under section 501(3A) of the Migration Act 1959, on the basis that Ms Singh possessed a substantial criminal record. The Administrative Appeals Tribunal (AAT) was required to determine whether the delegate's decision should be affirmed or set aside.

The primary legal issue before the Tribunal was whether the delegate had jurisdiction under section 501(3A) of the Migration Act 1959 to cancel Ms Singh's visa in the first instance. A secondary issue, which the Tribunal considered extensively but ultimately did not need to decide, was whether, had jurisdiction been established, the cancellation decision ought to have been revoked on its merits, taking into account Ms Singh's background and criminal history.

The Tribunal found that the delegate lacked jurisdiction under section 501(3A) to cancel Ms Singh's visa. Consequently, the delegate's decision not to revoke the cancellation was set aside. As the jurisdictional question was determinative, the Tribunal did not make findings on the merits of whether the cancellation should have been revoked.