1714873 (Refugee)

This matter concerned an appeal against the cancellation of a protection visa held by a man from Iraq. The dispute arose because the Minister, through a delegate, cancelled the visa under section 109 of the *Migration Act 1958* (Cth) on the grounds that the visa holder had provided incorrect information in his protection visa application, specifically in contravention of section 101 of the Act. The applicant contended that the cancellation was unlawful and sought to have it set aside. The decision was made by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the applicant had indeed failed to comply with section 101 of the *Migration Act 1958* (Cth) by providing incorrect information in his visa application, as alleged in the notice of cancellation. If non-compliance was established, the Tribunal then had to consider whether the cancellation of the visa was the appropriate course of action, taking into account the applicant's circumstances and Australia's non-refoulement obligations.

The Tribunal considered the applicant's evidence regarding his business dealings in Iraq, which he claimed led to threats and harm, including the abduction and murder of his uncle. The Tribunal noted credibility concerns surrounding the applicant's claims, particularly in light of his voluntary return to Iraq and the relocation of his wife and children. Despite these concerns, the Tribunal acknowledged the applicant's stated fears of harm upon return as a Sunni Muslim man in a Shia-majority area and his need for healthcare. However, the Tribunal ultimately found that the incorrect answers provided in the visa application were material to the grant of the visa. The Tribunal was satisfied that the delegate had properly engaged section 107 of the Act and that the notice issued complied with statutory requirements.

The Tribunal affirmed the decision to cancel the applicant's protection visa.