1729353 (Refugee)

The Administrative Appeals Tribunal reviewed a decision to cancel the Subclass 866 (Protection) visa of an applicant from Iraq. The applicant had claimed to be stateless and had received threats, including telephone calls and a grenade attack, which he attributed to his uncle's activities.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the Act, specifically in relation to the grounds for cancellation, and whether, in light of all relevant circumstances, the visa cancellation decision should be affirmed. A key issue was the applicant's credibility and the consistency of his evidence.

The Tribunal found that the applicant had demonstrated untruthfulness as a witness and lacked judgement, citing his failure to declare his sister. While acknowledging the threats received by the applicant's uncle and the applicant's own experiences, the Tribunal concluded that these circumstances did not justify allowing the applicant to remain in Australia. The Tribunal found that the applicant's work and assistance to a friend were insufficient grounds for remaining.

The Tribunal affirmed the decision to cancel the applicant's Subclass 866 (Protection) visa, finding that there had been non-compliance by the applicant as described in the notice given under s.107 of the Act. The applicant was advised that he was free to return to Iraq and could decide whether to seek to reunite with his wife in the country where she lives while integrating into life in Iraq.