1801951 (Migration)

This matter concerned an application to review a decision to cancel the applicant's Subclass (155) (Five Year Resident Return) visa. The applicant had lodged a protection visa application in 2012, and the Minister's delegate later issued a notice of intention to consider cancellation under s.107 of the Migration Act 1958, alleging non-compliance with ss.101 and 103 of the Act by providing incorrect information and bogus documents in that application.

The Tribunal was required to determine whether the applicant had failed to comply with the provisions of the Act as alleged in the notice, specifically concerning the accuracy of information provided in their protection visa application and the provision of documents. The court also had to consider whether, having found non-compliance, the visa should be cancelled, having regard to all relevant circumstances.

The Tribunal found that the applicant had indeed failed to comply with the Act by providing incorrect information in response to several questions in their protection visa application, including their name, aliases, date of birth, and details regarding previous passports. This non-compliance was established by comparing the information provided in the 2012 application with details from a prior offshore humanitarian visa application lodged in 2011. Despite this finding of non-compliance, the Tribunal concluded that, having regard to all relevant circumstances, the visa should not be cancelled.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass (155) (Five Year Resident Return) visa.