Highlights
- Temporary graduate visa holder stuck in India distraught after his visa was cancelled
- Akshdeep Singh's visa was cancelled under section 128 of the Migration Act
- Over 3,000 temporary graduate visa holders were stuck in India as on 23 June
Akshdeep Singh travelled to India to visit his family in Punjab, north India, days after receiving his skilled graduate visa under the post-study work stream in February 2020.
He was meant to return to Melbourne in April last year. But on 20 March 2020, Australia clamped its international borders shut, preventing all but Australian citizens and permanent residents from entering the country.
The move meant Mr Singh was among the thousands of temporary visa holders unable to return to their lives that they had painstakingly built in Australia.
As borders continued to remain shut, the 28-year-old said he wrote several emails to the Department of Home Affairs (DOHA) seeking an extension of his post-study work visa.
The pathway allows international students who have recently graduated with a degree from an Australian institution to live, work and study Down Under, temporarily. The visa is usually granted between two and four years, depending on the applicant's qualification.
In Mr Singh's case, he was granted this visa for two years.
“When I didn’t get any response from the department even after spending over 17 months out of the 24 months of visa validity period offshore, I wrote another email to Immigration Minister Alex Hawke and Home Affairs Minister Karen Andrews on 29 April seeking an extension of my visa.
“In their response, a department official wrote that they were not considering a visa extension for 485 holders," he said.
Desperate to re-enter the country, Mr Singh said he then wrote back to the department.
"So I wrote to them saying if you can't extend or freeze my visa, then you may as well cancel it anyway since it's going to expire in February 2022,” he said.
As ill-luck would have it, Mr Singh received a notice from DOHA on 5 August indicating that he had requested voluntary cancellation of his visa.
Akshdeep Singh says he wasn't expecting the Department to take such "stern action." Source: Supplied by Akshdeep Singh
A week later, he received a formal notice of cancellation from the Department informing him that his visa had been cancelled without notice on 12 August under Section 128 of the Migration Act.
When contacted regarding Mr Singh’s case, a department spokesperson told SBS Punjabi that they could not comment on individual cases due to privacy concerns.
The spokesperson, however, added that all non-citizens who wish to enter or remain in Australia must satisfy the requirements of the Migration Act 1958 (the Act) and Migration Regulations 1994, including identity, health, character and security requirements.
“Under Regulation 2.43(1)(g) of the Migration Regulations 1994, a temporary visa holder may request in writing for the Minister to cancel their visa,” the spokesperson said.
The department spokesperson further added that non-citizens whose visas are cancelled without notice while they are outside Australia may make representations to the Minister, requesting revocation of the visa cancellation decision.
But when Mr Singh requested to revoke the cancellation of his visa, the department denied his request.
Akshdeep Singh's visa was cancelled on 12 August 2021. Source: Supplied by Akshdeep Singh
“I am distraught. I had not expected them to take such stern action. So now I have no choice but to move on. I don’t think I’d ever be able to return to Australia. So I’m now thinking about migrating to Canada,” he said.
Cancellation under Section 128
Melbourne-based migration agent Ranbir Singh said visa holders must be aware of the Minister's cancellation powers under Section 128 of the Migration Act.
"Cancellation powers under Section 128 allow the Minister to cancel the visa of a visa holder outside Australia, without any notice if there are reasonable grounds to do so. However, since there are no review rights (decision cannot be challenged), it is imperative to provide strong arguments if such a notice is received," he said.
According to the latest government figures available, at least 3,454 temporary graduate visa holders were stuck in India as on 23 June.
Luvpreet Singh has been spearheading the '485 lives matter' social media campaign from India. Source: Supplied by Luvpreet Singh
Luvpreet Singh, who has been leading a group of 485 visa holders stranded in India, said most visa holders are frustrated because their visas are running out and they are at the brink of losing the gains they had made in Australia at huge financial costs.
"We have been writing emails to the Australian government ever since the borders were slammed shut last year. We want them to either freeze our visas or extend them so that we can re-enter the country when the borders open. But so far, we haven't heard anything.
"While I understand that the situation is testing our patience, visa holders must be careful when writing to the department officials to avoid adverse actions," he said.
Click on the player above to listen to Akshdeep Singh's interview in Punjabi.
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