1712198 (Refugee)

The applicant, a holder of a Subclass 866 Protection visa, sought review of the delegate's decision to cancel his visa. The delegate had issued a notice of intention to cancel the visa under section 107 of the Migration Act 1958 (Cth), alleging non-compliance with section 101(b) of the Act. The applicant had initially claimed to be a stateless Faili Kurd born in Iraq, but subsequent information suggested he was an Iranian citizen.

The primary legal issue before the Tribunal was whether the applicant had failed to provide correct information in his protection visa application, as alleged in the notice of intention to cancel. This required the Tribunal to determine if the delegate had formed the necessary state of mind to issue the section 107 notice and if the particulars of non-compliance set out in that notice were established. The Tribunal also considered whether the visa should be cancelled, taking into account the applicant's response and relevant regulatory provisions and government policy.

The Tribunal found that the delegate had reached the requisite state of mind to engage section 107 and that the notice issued complied with statutory requirements. The Tribunal considered evidence from an interview with identity officers where the applicant stated he was an Iranian citizen, had grown up in Iran, and had used different names and obtained an Iranian passport. Further, the Tribunal noted that the applicant's daughter had stated in a sponsorship application that she was an Iranian citizen by birth, which, under Iranian law, indicated the applicant was also an Iranian citizen at that time. The Tribunal concluded that the applicant's evidence regarding his identity and citizenship was implausible and confused, leading to doubts about his true identity and supporting the delegate's finding of non-compliance with section 101(b).

The Tribunal set aside the delegate's decision to cancel the applicant's protection visa.