1703045 (Refugee)

This matter concerned an application to review a decision to cancel the applicant's Subclass 866 (Protection) visa. The applicant, an Ahmadi Muslim from Pakistan, had her visa cancelled on the grounds that she had failed to comply with provisions of the *Migration Act 1958* (Cth) requiring the provision of correct information in her visa application and passenger card. The applicant contended that she had provided truthful information and that her fears of persecution in Pakistan were genuine.

The primary legal issue before the court was whether the applicant had failed to comply with the relevant sections of the *Migration Act 1958* (Cth) concerning the provision of correct information, and if so, whether her visa should be cancelled. This involved assessing the veracity of her claims regarding persecution as an Ahmadi Muslim in Pakistan, including allegations of business disruption, family attacks, and the kidnapping of her son, in light of the delegate's findings of inconsistencies and fabricated claims.

The court considered the applicant's evidence, including her claims of religious persecution, her involvement in the Ahmadiyya community, and the alleged attacks on her business and family. The delegate had accepted that the applicant was a genuine Ahmadi Muslim and that she was unable to practice her religion freely in Pakistan due to fear of serious harm, with her fears being consistent with independent human rights reports. However, the delegate found the applicant's evidence regarding the ransacking of her business and the attack on her family to be vague and unconvincing, and concluded that her claims about her son's kidnapping were fabricated to strengthen her refugee claim. Despite these credibility concerns regarding specific events, the delegate ultimately found that the applicant appeared genuinely fearful of persecution for reasons of her religion and that there were no inconsistencies in her claims related to the practice of her religion.

The Tribunal set aside the delegate's decision to cancel the applicant's visa and substituted a decision not to cancel her Subclass 866 (Protection) visa.