Singh (Migration)

The Administrative Appeals Tribunal considered the case of Mr Singh, an applicant for a Subclass 500 (Student) visa. The dispute arose from the Minister's decision to cancel Mr Singh's visa under section 116(1)(g) of the Migration Act 1958 (Cth) on the ground that he had been convicted of certain offences. The Tribunal was required to determine whether the ground for cancellation existed and, if so, whether to exercise its discretion to cancel the visa.

The Tribunal first considered whether the ground for cancellation was made out. This involved examining regulation 2.43(1)(oa) of the Migration Regulations 1994, which specifies that a visa may be cancelled if the holder has been convicted of an offence against the law of the Commonwealth or a State or Territory. The evidence presented, including a report from the New South Wales Police and Mr Singh's own acknowledgment, confirmed convictions for driving when visiting privileges withdrawn and driving with middle-range prescribed concentration of alcohol. The Tribunal was satisfied that this ground for cancellation was established.

Having found that the ground for cancellation existed, the Tribunal then considered whether to exercise its discretion to cancel the visa. The Tribunal had regard to the circumstances of the case, including matters raised by the applicant and guidance from the Department's Procedures Advice Manual. These considerations included the purpose of the visa, compelling reasons to remain, compliance with visa conditions, hardship, extenuating circumstances, and the applicant's behaviour. Mr Singh provided a letter expressing remorse, outlining strategies implemented to address his behaviour, including enrolling in a traffic offenders intervention program and installing an interlock device, and explaining personal background factors such as financial difficulties and isolation during the COVID-19 pandemic. Despite these submissions, the Tribunal concluded that, considering all the circumstances, the visa should be cancelled.

The Tribunal affirmed the decision to cancel Mr Singh's Subclass 500 (Student) visa.