1718569 (Refugee)

This matter concerned an application to review the cancellation of the applicant’s Subclass 866 (Protection) visa. The applicant had returned to Iraq on two occasions shortly after being granted the visa, and had engaged in marriage during these trips. The Tribunal was required to determine whether the applicant had provided incorrect information in relation to their visa application, which would justify the cancellation of their permanent visa.

The Tribunal considered the provisions of the *Migration Act 1958* concerning incorrect answers and the cancellation of visas. It noted that an answer is considered incorrect even if the applicant was unaware of its inaccuracy. However, the Tribunal found that the applicant's return to Iraq and subsequent marriage, while raising concerns about credibility, did not necessarily establish that the information provided in their visa application was incorrect. The Tribunal was not satisfied that the applicant had failed to comply with the requirements of the Act in the manner described in the notice issued under section 107.

Consequently, the Tribunal set aside the decision to cancel the applicant's Subclass 866 (Protection) visa and substituted a decision not to cancel the visa.