1700603 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant whose protection visa was subject to cancellation. The dispute arose from the applicant's admission that the decision to grant her protection visa was based on incorrect information, specifically her claim to be a stateless Faili Kurd, when she is in fact an Iranian citizen.

The AAT was required to determine whether the visa was granted wholly or partly on incorrect information or a bogus document, and to consider the circumstances in which this non-compliance occurred. The applicant had provided a response to the notice of intention to consider cancellation, detailing concerns about her safety and that of her children if returned to Iran. These concerns included the risk of child marriage for her daughter, threats from a people smuggler, continued family violence, and the detrimental impact of cultural and religious differences on her son, who had embraced Christianity and identified English as his dominant language. The applicant also highlighted her children's integration into Australian culture and their better future prospects in Australia.

The Tribunal found that the applicant was an Iranian citizen at the time of her visa application and that the grant of her protection visa was based entirely on her false claim of being a stateless Faili Kurd. The applicant admitted to lying on the advice of a people smuggler, who had advised her to adopt a false identity and fabricate claims of persecution to improve her chances of success. The Tribunal gave substantial weight to these findings in favour of cancelling the visa. However, the Tribunal also considered the best interests of the applicant's children, noting their integration into Australian society, their educational progress, and their health needs, which required ongoing multidisciplinary care in Australia. The Tribunal acknowledged the potential detrimental impact on the children if separated from their mother and the disruption to their lives.

The Tribunal set aside the decision under review.