1609220 (Refugee)

The applicant sought review of the Tribunal's decision to affirm the cancellation of his Subclass 866 (Protection) visa. The dispute centred on whether the applicant had provided incorrect information in his visa application, thereby engaging the Minister's power to cancel his visa under section 109 of the Migration Act 1958 (Cth). The matter was heard by Senior Member Antoinette Younes.

The primary legal issue before the Tribunal was to determine whether the applicant had failed to comply with the provisions of the Act requiring the provision of correct information in his visa application and passenger card, as particularised in the notice issued under section 107 of the Act. This involved assessing whether the information provided by the applicant regarding his reasons for leaving Iraq and his fears upon return was incorrect, and if so, whether the visa cancellation was warranted.

The Tribunal found that the applicant's visa was granted wholly or partly on the basis of incorrect information provided in his protection visa application. Specifically, the Tribunal noted that the applicant claimed a 100% chance of being killed if he returned to Iraq, yet he subsequently returned to Iraq on two occasions for significant periods without experiencing the feared harm. This conduct, the Tribunal reasoned, contradicted his initial claims and demonstrated non-compliance with the requirement to provide correct information. The Tribunal also considered the applicant's current circumstances, including his medical conditions, but concluded that these did not outweigh the reasons for cancellation.

The Tribunal affirmed the decision to cancel the applicant's Subclass 866 (Protection) visa, finding that there had been non-compliance as described in the section 107 notice and that, having regard to all relevant circumstances and guidelines, the visa should be cancelled.