1703405 (Refugee)

This matter concerned an application by a protection visa holder to set aside a decision to cancel his visa. The applicant, who claimed to be of the Ahmadiyya faith, had provided information to the Department and the Refugee Review Tribunal (RRT) alleging persecution in Pakistan, including threats of imprisonment or execution under blasphemy provisions. The RRT was required to determine whether the grounds for cancellation were made out and, if so, whether the visa should be cancelled.

The legal issues before the court were whether the applicant had provided incorrect information in his visa application, thereby triggering the cancellation provisions under the *Migration Act 1958* (Cth), and if so, whether the visa should ultimately be cancelled. The court considered the applicant's evidence regarding his religious beliefs, the alleged harassment and threats he faced in Pakistan, and the documentation he provided to support his claims. The court also had to consider the validity of a section 428 certificate that had been placed on the Department's file.

The court reasoned that the section 428 certificate was invalid, as it related to internal working documents. The court then set aside the decision under review. The court substituted a decision not to cancel the applicant’s Subclass 866 (Protection) visa.