1727363 (Refugee)

This matter concerned an application to review the cancellation of a Subclass 866 (Protection) visa. The applicant had provided information regarding his parents and siblings, and stated he was stateless at birth, with no current citizenship, and sought protection from returning to Iran and Iraq. The Department had issued a Notice of Intention to Consider Cancellation (NOICC) alleging non-compliance with section 101(b) of the Migration Act 1958 (Cth) due to incorrect information provided in his visa application.

The Tribunal was required to determine whether the applicant had provided incorrect answers in his Protection visa application, as particularised in the Notice of Intention to Consider Cancellation, and if so, whether his visa should be cancelled. The specific allegations of non-compliance related to the applicant's stated citizenship at birth, current citizenship, the circumstances of losing citizenship, and the identification of his parents and siblings.

The Tribunal found that the applicant's brother's Iranian citizenship was not indicative of the applicant's own citizenship status, nor that of his father. The Tribunal concluded that the information provided by the applicant regarding his statelessness and lack of Iranian citizenship was not incorrect, and therefore, the grounds for cancellation under section 109 of the Act were not made out. Consequently, the Tribunal set aside the decision under review.