Singh (Migration)

This matter concerned an appeal by Mr Singh against the cancellation of his Bridging A (Class WA) visa by the Department. The cancellation was based on the ground that his presence in Australia posed a risk to the safety of an individual, specifically Ms Poonam Shandil, due to allegations of domestic violence for which he had been charged with multiple counts of assault and aggravated sexual assault.

The Tribunal was required to determine whether the ground for cancellation under s 116(1)(e)(ii) of the Migration Act 1958 (Cth) was made out. This provision allows for visa cancellation if the Minister is satisfied that the visa holder's presence in Australia is or may be, or would or might be, a risk to the health or safety of an individual. The Tribunal noted that the power to cancel can arise even without a direct, solid, or certain foundation, and can be based on the possibility of past events.

The Tribunal considered the evidence, including a Court Order Notice from the Local Court of NSW at Burwood, which confirmed that all charges against Mr Singh had been dismissed. The Tribunal reasoned that because the alleged underlying conduct, which formed the basis for the cancellation decision, had not been substantiated by a court finding, the ground for cancellation under s 116(1)(e)(ii) was not satisfied. Consequently, the power to cancel the visa did not arise.

The Tribunal set aside the decision to cancel Mr Singh's Subclass 010 (Bridging A) visa and substituted a decision not to cancel it.