Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr Singh, who sought review of a decision to cancel his Subclass 500 (Student) visa. The cancellation was based on the applicant having been charged with offences against his wife.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(e)(ii) of the *Migration Act 1958* (Cth) was established. This section permits visa cancellation if the Minister is satisfied that the person has been charged with, or convicted of, an offence against the law of the Commonwealth or of a State or Territory, and the Minister reasonably suspects that the person may be a risk to the safety of a person or a section of the Australian community.

The Tribunal noted that the charges against the applicant had been dropped and the intervention order previously made against him had been revoked. In light of these developments, the Tribunal gave considerable weight against forming the view that the applicant posed a risk to his wife. Furthermore, the Tribunal observed that the applicant had been in the community on a bridging visa for over a year without any evidence of him acting in a way that put his wife's safety at risk. Consequently, the Tribunal was not satisfied that the ground for cancellation under section 116(1)(e)(ii) was made out, meaning the power to cancel the visa did not arise.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 500 (Student) visa.