Singh (Migration)

This matter concerned an application for review of a decision by a delegate of the Minister for Home Affairs to cancel the applicant's Subclass 020 (Bridging B) visa under s 116 of the Migration Act 1958 (Cth). The applicant, Mr Navreet Singh, a 24-year-old Indian national, had arrived in Australia in 2015 and held various bridging visas since 2018. His Bridging B visa was cancelled on 26 November 2021, following his being charged with multiple criminal offences and remanded in custody. The review was heard by the Tribunal.

The primary legal issue before the Tribunal was whether the ground for cancellation under s 116(1)(e)(i) of the Act, namely that the applicant's presence in Australia posed a risk to the health, safety, or good order of the Australian community, was made out. If this ground was established, the Tribunal was then required to consider whether, in the exercise of its discretion, the applicant's visa should be cancelled, having regard to all relevant circumstances. The applicant had elected to rely on his privilege against self-incrimination in relation to the unresolved criminal charges, meaning the Tribunal could not make adverse findings or inferences based on those matters.

The Tribunal found that the ground for cancellation under s 116(1)(e)(i) was established, noting the serious nature of the criminal charges. However, in considering the exercise of discretion, the Tribunal took into account various factors, including the applicant's long-standing presence in Australia since 2015, his desire to remain with his family who also resided in Australia and had pending visa applications, and the impact of the COVID-19 pandemic and lockdowns on his circumstances. The Tribunal also considered the applicant's emotional hardship in immigration detention. Despite the existence of the ground for cancellation, the Tribunal concluded that the discretionary considerations weighed against the cancellation of the applicant's visa.

Consequently, the Tribunal set aside the delegate's decision to cancel the applicant's Bridging B visa.