1732790 (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 155 (Five Year Resident Return) visa. The applicant, who had previously been granted a protection visa, had returned to Egypt. The cancellation was based on alleged non-compliance with sections 101 and 107A of the Migration Act 1958, specifically concerning the provision of incorrect information in his protection visa application.

The Tribunal was required to determine whether the applicant had failed to comply with section 101 of the Act by providing incorrect answers in his protection visa application, and if so, whether the visa should be cancelled. Section 101 mandates that a non-citizen must complete their visa application form such that all questions are answered and no incorrect answers are given. Section 107A allows for the cancellation of a current visa based on non-compliances that occurred in relation to a previous visa.

The Tribunal found that while the delegate had issued a valid notice under section 107 of the Act, the applicant's protection visa application, lodged in 2011, did not contain incorrect information as particularised in the cancellation notice. The applicant had indicated he was a practising Christian from a religious family, had experienced discrimination in Egypt, and feared persecution and harm upon return due to the intolerance of the Muslim population and authorities towards Christians. The Tribunal concluded that, having regard to all the relevant circumstances, the visa should not be cancelled. The decision under review was set aside, and a substituted decision was made not to cancel the applicant's Subclass 155 visa.