Singh (Migration)

This matter concerned an application by Mr. Singh for review of the cancellation of his Subclass 485 (Temporary Graduate) visa. The Department of Home Affairs had cancelled Mr. Singh's visa on the basis that he was no longer a member of the family unit or in an ongoing relationship with the primary visa holder, and therefore no longer met the criteria for the visa. The Administrative Appeals Tribunal, constituted by Senior Member Kira Raif, was required to determine whether the cancellation was justified.

The primary legal issue before the Tribunal was whether the ground for cancellation under section 116(1)(a) of the *Migration Act 1958* (Cth) was established, and if so, whether the Tribunal should exercise its discretion to cancel the visa. The Tribunal considered the purpose of Mr. Singh's visa, which was to allow him to remain in Australia with his partner. The Tribunal also had to assess whether Mr. Singh had a compelling need to remain in Australia, and whether his attempts at reconciliation with his spouse were sufficient to warrant retaining the visa.

The Tribunal found that the ground for cancellation under s 116(1)(a) was established because Mr. Singh's relationship with the primary visa holder had ended, meaning he was no longer a member of the family unit and could not fulfil the purpose of his travel and stay in Australia. In exercising its discretion, the Tribunal gave the greatest weight to the fact that Mr. Singh could no longer fulfil the purpose of his visa. While acknowledging Mr. Singh's desire to settle in Australia and his claims of reconciliation efforts, the Tribunal found no evidence of a mutual commitment to resume the relationship, nor that reconciliation was contingent on living in the same country. The Tribunal concluded that these were not compelling reasons to retain the visa, which was a temporary visa that would have expired in January 2026 and did not provide a pathway for longer residence.

Consequently, the Tribunal affirmed the decision to cancel Mr. Singh's Subclass 485 (Temporary Graduate) visa.