One third of visa cancellations overturned on appeal

Parts of the Manus Island immigration centre will be progressively shut down, Peter Dutton says. (AAP)

Taxi driver Jagdeep Singh is among those whose visa was restored after it was cancelled in September last year after he pleaded guilty to indecently assaulting a female passenger.

Immigration Minister Peter Dutton says some of the rulings by the Administrative Appeals Tribunal on his department’s decisions were “infuriating” and “makes you shake your head”.

The Administrative Appeals Tribunal overturned the Immigration Department’s decision to cancel visas of six Iranian asylum seekers who were caught holidaying in Iran after securing protection visas in Australia.

Speaking on 3AW radio, Peter Dutton declined to comment about these particular cases but said such cases were “infuriating”.

“Some of these cases are infuriating and without commenting on the six here there are many that I look at where, on the facts available to me you shake your head.”

“The other aspect to this is that these people, if they're not legitimate refugees are displacing people who have a claim to be made out, people who are being slaughtered in the middle east now, that we would want to give protection to,” said Mr Dutton.

Herald Sun reported last week that 39 per cent of decisions made by the Immigration Minister or his delegate were overturned by the Administrative Appeals Tribunal last year.

One of the reported cases is of an Indian taxi driver whose visa was cancelled in September last year after he pleaded guilty to indecently assaulting a female passenger.

34-year-old taxi driver Jagdeep Singh has been allowed to remain in the country after the AAT overturned Immigration Minister’s decision.

Outlining the reasons for overturning the visa cancellation, the tribunal said in a written order that a visa cancellation would affect Singh’s ability to manage his psychological condition with his treating psychologist and that his wife who had depressive symptoms, would suffer emotional hardship, Herald Sun reported.

The tribunal said a visa cancellation would make him an unlawful non-citizen and he might be detained for deportation from Australia and it had regard to the degree of hardship his visa cancellation would cause to him and his family.

A spokesperson for the Immigration Minister Peter Dutton told Herald Sun he was considering the next step in Singh’s case.

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