1703813 (Refugee)

The applicant, a stateless individual of Arab ethnicity and an irregular maritime arrival, sought judicial review of the decision to cancel his protection visa. The dispute centred on whether the applicant held Iranian citizenship at the time of his arrival in Australia, a fact that had been misrepresented to the Department. The matter came before the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether the delegate of the Minister had erred in cancelling the applicant's protection visa. This involved determining whether the applicant possessed Iranian citizenship at the relevant time, and consequently, whether the delegate had a valid basis for cancellation under the *Migration Act 1958* (Cth). A further procedural issue concerned the validity of a certificate issued under s 375A of the *Migration Act 1958* (Cth).

Her Honour, Justice O'Connell, found that the delegate had failed to issue a valid notice to the applicant, which was a prerequisite for the cancellation decision. Furthermore, the Court determined that the s 375A certificate was not valid. Consequently, the decision under review was set aside.