Singh (Migration)

This matter concerned an appeal by Mr Singh against the cancellation of his Subclass 485 (Temporary Graduate) visa by the Department of Home Affairs. The visa had been granted on the basis that Mr Singh was a member of the family unit of the primary visa holder, specifically in a genuine and continuing relationship with his wife, Ms Kaur. The delegate formed the view that the basis upon which the visa was granted, namely the relationship with Ms Kaur, was no longer the case, and therefore a ground for cancellation under s 116(1)(a) of the *Migration Act 1958* (Cth) existed.

The Administrative Appeals Tribunal was required to determine whether the ground for cancellation under s 116(1)(a) of the Act was made out, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal noted that the delegate had invited Mr Singh to comment on the intention to cancel his visa, but he did not reply. The delegate was satisfied that the ground for cancellation was made out because the relationship with Ms Kaur, which was a basis for the visa grant, no longer existed.

In considering the matter, the Tribunal established that the applicant's visa was granted based on his status as a member of the family unit of the primary applicant, through his relationship with Ms Kaur. The applicant confirmed that he was married to Ms Kaur but was no longer living with her, and he did not know her current whereabouts. He stated that the separation occurred because he worked in Sydney while his wife remained in Melbourne, and she had an affair. The applicant also indicated he was undertaking an ELICOS course and intended to use his qualifications for a business in India. He provided evidence of his current employment and financial support, and stated that his parents would be depressed if his visa were cancelled. The Tribunal weighed these circumstances against the fact that the visa was granted based on a relationship that had ceased.

Ultimately, the Tribunal concluded that, on balance, more factors favoured cancelling the visa. The Tribunal affirmed the decision to cancel Mr Singh's Subclass 485 visa.