1729165 (Refugee)

The Administrative Appeals Tribunal considered a decision to cancel the Subclass 866 (Protection) visa of an applicant who had claimed statelessness. The cancellation was based on the ground that the applicant had provided incorrect information in their visa application, specifically regarding their family name and country of citizenship. The Tribunal was required to determine whether the applicant had indeed provided incorrect answers in their application and, if so, whether the cancellation of their visa was justified.

The Tribunal's reasoning focused on the applicant's inconsistent and vague evidence concerning their identity, which ran contrary to available country information. It was found that the applicant's claim of statelessness was not supported by credible evidence and that the information provided in the visa application was incorrect, irrespective of whether the applicant knew it to be so, as per section 100 of the *Migration Act 1958*. The Tribunal considered the discretionary aspects of cancellation, noting that the grant of the visa was based wholly on the incorrect information provided.

Ultimately, the Tribunal affirmed the decision to cancel the applicant's protection visa. The Tribunal concluded that there had been non-compliance by the applicant in the manner described in the notice issued under section 107 of the *Migration Act 1958*, and that, having regard to all relevant circumstances, the visa should be cancelled.