1605762 (Refugee)

The Tribunal affirmed the decision to cancel the applicant's Subclass 866 (Protection) visa. The dispute concerned whether the applicant had provided incorrect information in his protection visa application, leading to the cancellation of his visa under section 109 of the Migration Act 1958.

The primary legal issues before the Tribunal were whether the notice of intention to consider cancellation issued under section 107 of the Act complied with statutory requirements, and if so, whether the applicant had indeed failed to comply with section 101 of the Act by providing incorrect information in his visa application. The Tribunal was also required to consider the circumstances of the non-compliance and the present circumstances of the visa holder in determining whether the visa should be cancelled.

The Tribunal found that the notice issued under section 107 was valid, containing sufficient particulars and indicating that the delegate had formed the necessary state of mind to engage the provision. It was satisfied that the applicant had provided incorrect information in his protection visa application, specifically regarding claims about persecution in Egypt based on his Christian faith, including the alleged killing of his brother. The Tribunal concluded that these were significant claims and that the visa was granted wholly or partly on the basis of this incorrect information. The applicant's failure to concede the incorrectness of his statements, despite contradictory information provided by his mother in a subsequent partner visa application, weighed heavily in the Tribunal's decision.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's visa, finding that there had been non-compliance as described in the section 107 notice and that, having regard to all relevant circumstances, cancellation was warranted.