An Indian national convicted of sexual offences has earned a reprieve after he was refused partner visa by the Department of Home Affairs in March this year.
The Administrative Appeals Tribunal of Australia (AAT) this month set aside the decision of denying him a visa and instead decided he not be refused a Partner visa.
Mr Singh* arrived in Australia on a student visa in 2006.
Six years later, in 2012, he applied for a Partner visa based on his relationship with his now wife, Ms G*.
He was refused a partner visa on character grounds as Mr Singh had a substantial criminal record.
In May 2008, the County Court of Victoria imposed a 13-month cumulative sentence for both the offences of Indecent Act with child under 16 to which Mr Singh pleaded guilty. However, the judge wholly suspended the sentences on the basis of Mr Singh having no prior criminal history.
Source: Wikipedia
The incident occurred at a shop in Melbourne where Mr Singh was employed.
Mr Singh sexually assaulted and forced himself on a 15-year-old school girl who had come to the shop when there was no one else present.
“This was a disgraceful act on a defenceless young girl,” the judgement said.
Mr Singh accepted the offending “devastated her and made her life distressing.”
Mr Singh told the Tribunal that some years later he met Ms G and they commenced a relationship in 2011, marrying in 2016.
Source: Public Domain
He said he told her about his offending history in 2012 and that he felt very ashamed about it.
Mr Singh’s wife and her family members testified in his support before the Tribunal.
Mr Singh’s brother-in-law told the Tribunal his comprehension of the nature of the offence did not influence the view he has of him.
He said that his view was that Mr Singh had learnt a very hard lesson from his conviction.
Ms G told the Tribunal that should Mr Singh be denied permission to remain in Australia, it would be her intention to travel with him to India. However, her health condition could be aggravated in the hot climate.
The tribunal also heard from the forensic psychologist, consultant psychiatrist and clinical and forensic psychologist who said Mr Singh was at ‘low risk’ of re-offending and that he had been “remarkable support” for his wife who suffered from a chronic health problem.
"Isolated incident"
In its decision, the tribunal found that there had been no other offending by Mr Singh since 2007 and concluded that this was indeed an isolated incident.
“Mr Singh’s conduct has stood the test of time in the 11 years since his offending. His personal circumstances are vastly different from those that pertained in 2007. In particular, he is now in a stable marriage with an Australian citizen, has developed a network of support from her family and their friends, and has contributed positively to this country as an employee and in his community work,” Judge D. J. Morris said.
“The Tribunal finds that he should not be refused a partner visa.”
*Names changed.
