Singh (Migration)

This matter concerned an application for review of a decision by the Minister for Home Affairs to cancel Mr Singh's Subclass 309 Partner (Provisional) visa. The cancellation was based on Mr Singh's conviction for multiple offences under New South Wales law, including stalking and intimidation with intent to cause fear of physical harm, common assault, and contravening an apprehended violence order. The Tribunal was required to determine whether a ground for cancellation existed and, if so, whether the visa should be cancelled.

The primary legal issue was whether Mr Singh's convictions constituted a prescribed ground for visa cancellation under section 116(1)(g) of the *Migration Act 1958* (Cth) and regulation 2.43(oa) of the *Migration Regulations 1994* (Cth). If a ground for cancellation was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, taking into account all relevant circumstances.

The Tribunal found that Mr Singh's convictions for offences against New South Wales law did establish a ground for cancellation under section 116(1)(g). As this ground did not mandate automatic cancellation, the Tribunal proceeded to consider the exercise of discretion. The Tribunal noted that while Mr Singh was receiving treatment for mental health issues, he had not demonstrated an understanding of his past behaviour or a reduced risk of reoffending. The nature of the offences, which involved women and children and a breach of an apprehended violence order, coupled with the ongoing risk of reoffending, were considered to outweigh other factors, such as his potential support network if he were to leave Australia. Consequently, the Tribunal affirmed the decision to cancel Mr Singh's visa.