1621289 (Refugee)

This matter concerned an application for review of the decision to cancel the applicant’s Subclass 866 (Protection) visa. The applicant, a citizen of Uzbekistan, had been granted a protection visa in September 2011 based on claims of persecution due to his homosexuality. In June 2016, the Department issued a notice of intention to consider cancellation of his visa under s 109 of the *Migration Act 1958* (Cth) for alleged non-compliance. Following submissions from the applicant, the Department cancelled the visa in December 2016. The applicant sought review of this cancellation decision.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with section 101 of the *Migration Act 1958* (Cth) in his protection visa application, as particularised in the notice issued under s 107. This section requires non-citizens to answer all questions on their application form and to provide no incorrect answers. The Tribunal was required to determine if the information provided by the applicant in his original protection visa application was incorrect, and if so, whether the visa should be cancelled.

The Tribunal reasoned that the applicant's original protection visa application contained incorrect information regarding his reasons for leaving Uzbekistan. Specifically, the Tribunal found that the applicant had claimed to have been harassed and tortured by police due to his homosexuality, that a man he dated had been killed, and that his life was in danger. These claims were reiterated in subsequent statements and interviews. However, the Tribunal noted that the applicant had not provided any further submissions or evidence to dispute the Department's findings of non-compliance when invited to do so. The Tribunal was satisfied that the notice issued under s 107 complied with statutory requirements and that the applicant had indeed failed to provide correct information as required by s 101.

The Tribunal affirmed the decision to cancel the applicant’s Subclass 866 (Protection) visa.