1715956 (Refugee)

This matter concerned an application to review the cancellation of a Subclass 866 (Protection) visa. The applicant, an Iranian citizen, had arrived in Australia as an irregular maritime arrival in June 2010 with her husband and child, and had subsequently applied for a protection visa. The Minister's delegate had cancelled the applicant's visa on the basis that she had provided incorrect information in her visa application, specifically by stating that her husband was stateless when he held an Iranian passport. The applicant disputed the cancellation decision before the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with section 101(a) and (b) of the Migration Act 1958 by providing incorrect information in her visa application, and if so, whether the visa should be cancelled. This involved determining whether the notice issued by the Minister's delegate under section 107 of the Act complied with statutory requirements and whether the applicant's statement regarding her husband's statelessness constituted a failure to provide correct information as particularised in that notice.

The Tribunal found that the notice issued under section 107 complied with the statutory requirements and that the applicant had indeed provided incorrect information by stating her husband was stateless, as he held an Iranian passport. However, the Tribunal concluded that, having regard to all relevant circumstances, the visa should not be cancelled. The Tribunal therefore set aside the decision to cancel the applicant's visa and substituted a decision not to cancel it.