1622527 (Refugee)

The applicant sought review of a decision by the Minister to cancel his Subclass 866 (Protection) visa. The Minister's delegate had cancelled the visa under section 109 of the *Migration Act 1958* (Cth) on the grounds of non-compliance with a condition of the visa. The Administrative Appeals Tribunal (AAT) affirmed the delegate's decision to cancel the visa.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with a condition of his protection visa, and if so, whether the visa should be cancelled having regard to all relevant circumstances. The Tribunal considered evidence including departmental files, the applicant's response to a Notice of Intention to Consider Cancellation (NOICC), and the applicant's oral evidence and written submissions.

The Tribunal found that the applicant had not complied with the visa conditions as described in the notice given under section 107 of the Act. Applying the principles of section 109, the Tribunal concluded that, after considering all relevant circumstances, the cancellation of the applicant's visa was warranted. The Tribunal affirmed the decision under review to cancel the applicant's Subclass 866 (Protection) visa.