1703880 (Refugee)

The Administrative Appeals Tribunal considered the cancellation of a Subclass 866 (Protection) visa held by an applicant from Iran. The dispute arose from allegations that the applicant had provided incorrect information and fabricated claims regarding his religious identity, anti-government activities, and assistance to student protestors, leading to a notice of non-compliance under section 107 of the *Migration Act 1958*.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of section 101 of the *Migration Act 1958*, which mandates that visa applications be completed without incorrect answers. This involved determining whether the applicant's statements about his reasons for leaving Iran and his fear of serious harm upon return were truthful and accurate, and whether his actions, such as obtaining an Iranian passport and voluntarily returning to Iran for extended periods, were consistent with genuine fear. The Tribunal also had to consider whether the visa should be cancelled, as this was a discretionary power under section 109 of the Act.

The Tribunal found that the applicant had fabricated his claims regarding his religious identity, anti-government activities, and assistance to student protestors. It noted that the applicant's voluntary actions, including obtaining an Iranian passport and travelling to Iran twice for a total of ten months without facing any difficulties, were inconsistent with someone who genuinely feared serious harm. The Tribunal concluded that the applicant had provided false information in his statutory declaration and given incorrect answers to specific questions in his visa application concerning his reasons for leaving Iran and the nature of the harm he feared. These findings led the Tribunal to conclude that there had been non-compliance with section 101 of the Act.

The Tribunal affirmed the decision to cancel the applicant's Subclass 866 (Protection) visa.