1711702 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of a visa holder whose protection visa was cancelled by the Minister. The dispute centred on whether the visa holder had provided incorrect information in his application for a Protection visa (subclass 866), thereby breaching section 101(b) of the *Migration Act 1958* (Cth). The Minister's delegate had cancelled the visa on the grounds that the applicant's claims of an adverse profile and fear of persecution from Iranian authorities due to his involvement in the 2009 election campaign of Mr. Mosavi were fabricated.

The Tribunal was required to determine if the applicant had failed to comply with section 101(b) of the Act by providing incorrect answers in his visa application, and if so, whether the cancellation of his visa was warranted. Specifically, the Tribunal had to assess the veracity of the applicant's claims regarding his political involvement in Iran, his reasons for leaving the country, and his subsequent interactions with Iranian authorities, including obtaining an Iranian passport and returning to Iran. The Tribunal also had to consider the discretionary aspects of visa cancellation under section 109 of the Act, taking into account the applicant's circumstances and the potential hardship his removal might cause.

The Tribunal found that the applicant had indeed provided incorrect information in his visa application. Evidence suggested that the applicant had departed Iran using his own identity and an Iranian passport, contradicting his claim of needing to conceal his identity due to an adverse profile. Furthermore, the applicant had applied for and obtained an Iranian passport from the Iranian Embassy in Canberra, indicating he was not being actively sought by Iranian authorities. His subsequent return to Iran for over four weeks without incident further undermined his claims of persecution. The Tribunal concluded that the applicant's claims regarding his adverse profile were likely made to enhance his chances of obtaining a visa, rather than being genuine fears of persecution. The Tribunal affirmed the delegate's decision to cancel the visa.