Singh (Migration)

This matter concerned an appeal by Mr. Singh against the cancellation of his Student (Temporary) (Class TU) visa, Subclass 572 (Vocational Education and Training Sector). The cancellation was based on the ground that Mr. Singh was no longer a member of the family unit of the primary visa holder, as he was no longer in a relationship with them. The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether the discretion to cancel the visa should be exercised.

The Tribunal first considered whether the ground for cancellation under s 116(1)(a) of the Migration Act 1958 (Cth) was made out. This required determining if the fact or circumstance upon which the visa was granted, namely being a member of the family unit of the primary visa holder, no longer existed. The Tribunal found that Mr. Singh accepted he had not been living with the primary visa holder since May 2016 and confirmed he was no longer in a relationship with them. Consequently, the Tribunal was satisfied that Mr. Singh no longer met the secondary criteria for the visa as a member of the same family unit, thus establishing the ground for cancellation.

Having established the ground for cancellation, the Tribunal then considered the exercise of discretion. While no specific matters were mandated for consideration, the Tribunal had regard to the applicant's submissions and government policy guidelines. These included the purpose of the visa, compelling reasons to remain, compliance with visa conditions, hardship, circumstances of the relationship breakdown, and potential legal consequences of cancellation. The Tribunal noted the applicant's claims of marital difficulties, including allegations of violence and subsequent police investigations in both Australia and India, which did not result in charges against Mr. Singh or his family. Despite these circumstances, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel Mr. Singh's visa.