1732393 (Migration)

The applicant sought review of the cancellation of his Subclass 155 (Five Year Resident Return) visa. The cancellation was based on the ground that the applicant had provided incorrect information in his application for a previous visa, specifically a Subclass 202 (Protection) visa. The dispute centred on whether the cancellation of the applicant's visa was justified, considering the extent of his dishonesty and the potential impact on his family. The matter was before the Tribunal.

The Tribunal was required to determine whether the applicant had provided incorrect information in his visa application, and if so, whether the discretion to cancel his visa should be exercised. This involved assessing the applicant's credibility, the nature and extent of his dishonest conduct, and whether the cancellation would breach Australia's non-refoulement obligations or international obligations concerning family unity and the best interests of children.

The Tribunal found that the applicant had indeed provided incorrect information regarding his marital status and parentage of children. He admitted to having multiple wives and children at the time of his Subclass 202 visa application, contrary to the information he provided. The Tribunal considered the applicant's submissions regarding his contributions to the Somali community and his family circumstances, but concluded that the expansive and repeated dishonest conduct weighed heavily against him. Applying the principles from cases such as *COT15 v MIBP (No.1)* and *MIBP v Le*, the Tribunal determined that it was not required to assess non-refoulement claims, as these would be more appropriately considered in a protection visa application. The Tribunal was satisfied that the cancellation would not breach Australia's non-refoulement obligations, nor its international obligations regarding family unity and the best interests of children, as these matters had been duly considered in the exercise of discretion.

The Tribunal affirmed the decision to cancel the applicant's Subclass 155 visa.