Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr. Singh, who sought review of the Minister's decision to cancel his Subclass 500 (Student) visa. The cancellation was based on Mr. Singh's conviction for stalking and intimidating a child. The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether the visa should be cancelled, having regard to all relevant circumstances.

The Tribunal first considered whether the ground for cancellation under s 116(1)(g) of the Migration Act 1958 (Cth) was made out. This required assessing if a prescribed ground under r 2.43 of the Migration Regulations 1994 (Cth) applied. The Tribunal found that Mr. Singh's conviction for stalking and intimidating a child on 15 August 2018 at Manly Local Court satisfied the ground in r 2.43(oa). As this ground did not mandate cancellation under s 116(3), the Tribunal then proceeded to consider the exercise of discretion regarding whether the visa should be cancelled.

In exercising its discretion, the Tribunal had regard to the circumstances of the case, including submissions made by Mr. Singh and departmental procedural instructions. The Tribunal noted that the offence involved following a 14-year-old schoolgirl and approaching her in a darkened passageway. Mr. Singh provided explanations for his behaviour, including his work as a cleaner at the school and cultural differences regarding social interactions. However, the Tribunal found that Mr. Singh conceded his behaviour could have intimidated the victim and acknowledged that the victim's parents would likely have been concerned for their child's safety.

After considering all the circumstances, the Tribunal concluded that the visa should be cancelled. Accordingly, the Tribunal affirmed the decision to cancel Mr. Singh's Subclass 500 (Student) visa.