An Indian citizen was suspended from Australia's permanent visa after being sentenced to 18 months in prison for having been convicted in a criminal case.
In the 2015 New year, New Year's Eve, along with a colleague, broke into the house and stole a Melbourne-based Coles supermarket where he was a duty manager.
The morning after the incident, Mr. Singh was arrested at home and confessed to the crime. His accomplice, the supermarket's duty manager, was also arrested and stolen cash and cigarettes were recovered.
Mr. Singh pleaded guilty to burglary, two counts of theft and criminal damage in the state court and agreed to pay $21000 in property damage as a result of the theft.
In July 2016, he was sentenced to 18 months in prison and a two-year community correction order.
His permanent visa was cancelled last year for moral reasons after he was sentenced to more than 12 months in prison.
However, the Administrative Appeals Court, (Administrative Appeals Tribunal, AAT), withdrew the mandatory visa cancellation, in part on the grounds that Mr Singh's chances of reoffending his crime were low.
More importantly, his 7-year-old daughter suffers from chronic asthma. In the interests of the child, the Administrative Court of Appeal changed its treatment of Mr Singh.
The interior ministry acknowledged that the expulsion of Mr Singh would have a negative impact on his daughter. The court considered this crucial to the decision.
The Administrative Court of Appeal said that if she returned to India with her parents, her daughter might not be accepted because her parents came from different caste families.
"his daughter is the result of a marriage of two different castes and will not be welcomed in some social circles, including the applicant's parents, which is different from the progressive and inclusive environment in Australia." Robert Cameron, a senior member of the Administrative Appeals Tribunal, said.
The court took note of the opinion of the court of first instance that Mr. Singh was indeed repentant and that his crimes were "of lesser gravity".
"this is the only crime Mr. Singh has committed in Australia. There was no indication that his crime had been aggravated or other. He seems to have learned his lesson and restored his law-abiding nature, "Mr. Cameron said.
At the hearing, Mr. Singh told the Administrative Appeals Court that he had been taking Kamini tablets, a mixture of herbal medicines containing opioid drugs that had been illegally imported from India.
While acknowledging the seriousness of the crime, the Administrative Appeals Tribunal noted that a prompt admission of guilt and a guilty plea attested to Mr. Singh's contribution to the expeditious completion of the judicial process.
The Administrative Court of Appeal also said Mr. Singh's crimes were not violent or sexual and were "not directed against anyone but property." The courses Mr. Singh took while in prison will help him gain employment in the future.
"he does seem to be ready to obey the law. He is relatively young, and if he has a second chance, he will actively become a law-abiding member of society. " The court pointed out.