1708563 (Refugee)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 866 (Protection) visa. The applicant, who claimed to be a stateless Faili Kurd from Iran, had arrived in Australia as an irregular maritime arrival in January 2010. The visa cancellation was based on alleged non-compliance with sections 101(b) and 103 of the *Migration Act 1958* (Cth), relating to the provision of correct information and the submission of bogus documents in support of his visa application. The Tribunal was required to determine whether the applicant had indeed failed to comply with these provisions and, if so, whether the visa should be cancelled.

The Tribunal considered the applicant's claims of being a stateless Faili Kurd and his stated fear of persecution in Iran due to his ethnicity. However, the Tribunal found that the applicant was an Iraqi national and that his claim of statelessness was central to his case. The Tribunal was satisfied that the decision to grant the protection visa was based, wholly or partly, on incorrect information and a bogus document provided by the applicant. Specifically, an expert examination of the applicant's white card revealed it to be not authentic. The Tribunal also noted that the applicant had returned to Iran on two occasions after being granted the visa.

In reaching its decision, the Tribunal weighed various factors, including the circumstances of the non-compliance and the applicant's present circumstances. While acknowledging the applicant's victimisation in a violent attack in Australia and expressing empathy for his injuries, the Tribunal found that these factors did not outweigh the non-compliance. The Tribunal also considered the applicant's relationship and the presence of his partner's children, but concluded that there was insufficient evidence of strong connections to warrant preventing the visa cancellation. Ultimately, the Tribunal affirmed the decision to cancel the applicant's protection visa.