1722514 (Refugee)

The Administrative Appeals Tribunal affirmed the Minister's decision to cancel the applicant's protection visa. The dispute concerned allegations of non-compliance with the *Migration Act 1958* (Cth), specifically the provision of incorrect information in the applicant's visa application.

The Tribunal was required to determine whether the applicant had failed to comply with section 101(b) of the Act, which mandates that visa applicants provide correct answers to all questions. This was the specific ground for cancellation articulated in the notice issued to the applicant under section 107 of the Act. The Tribunal also had to consider whether the visa should be cancelled in light of any such non-compliance.

The Tribunal found that the notice of intention to cancel the visa complied with the statutory requirements of section 107. It then examined the applicant's original claims regarding her reasons for fleeing Iran, which involved fears of persecution due to her employment and alleged possession of sensitive information and prohibited material. However, the Tribunal found the applicant's subsequent explanations for evidence suggesting her return to Iran, such as airline ticket searches and the presence of her husband's phone in Iran, to be inconsistent and lacking in sufficient detail. The Tribunal concluded that the evidence did not support the applicant's revised account of events, leading it to affirm the delegate's decision to cancel the visa.