1724454 (Refugee)

The Administrative Appeals Tribunal considered whether to affirm a decision to cancel the applicant's visa. The dispute arose from allegations that the applicant failed to comply with provisions of the *Migration Act 1958* (Cth) requiring the provision of correct information in visa applications and related documents.

The primary legal issue before the Tribunal was whether the applicant had contravened section 101(a) and 101(b) of the *Migration Act 1958* (Cth) by failing to provide correct information regarding his citizenship in his application for a Protection (Class XA) visa. This involved determining if the applicant was, in fact, a citizen of Iran, as suggested by information concerning his brother's passport and Iranian nationality law, and whether his answers on the visa application form were therefore incorrect. A further issue was whether the notice of intention to consider cancellation issued by the delegate complied with the requirements of section 107 of the Act.

The Tribunal reasoned that section 109 of the Act permits visa cancellation if a visa holder fails to comply with specified sections, including section 101, which mandates the provision of correct information. The exercise of this power is contingent on a valid notice under section 107. The Tribunal found that the delegate had formed the necessary state of mind to engage section 107 and that the notice issued was compliant. The notice particularised the alleged non-compliance with section 101(a) and 101(b) by referencing the applicant's visa application answers regarding his citizenship and presenting evidence, including his brother's Iranian passport and the implications of Article 976 of the Iranian nationality code, to suggest the applicant was also an Iranian citizen.

The Tribunal concluded that the decision to cancel the applicant's visa should be affirmed.