1804025 (Refugee)

The applicant sought review of a decision to cancel her protection visa. The dispute arose from the applicant providing incorrect information in her visa application, specifically claiming to be stateless Faili Kurds when she was, in fact, an Iranian citizen. The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) and, if so, whether her visa should be cancelled.

The Tribunal considered whether the applicant had provided incorrect information in her visa application, as particularised in the notice issued under section 107 of the Act. The applicant admitted to providing incorrect information by claiming statelessness when she was an Iranian national. The Tribunal noted that the applicant and her husband agreed that they had provided incorrect information as particularised in the notice.

Despite the admitted non-compliance, the Tribunal set aside the cancellation decision. This was primarily due to compassionate grounds relating to the best interests of the applicant's daughter, who had a rare medical condition requiring ongoing treatment. The Tribunal found that the daughter would not receive the necessary medical care and treatment in Iran due to supply issues with medication and cost, exacerbated by international sanctions. The Tribunal gave primary consideration to the daughter's best interests, finding that they clearly lay in remaining in Australia to continue receiving care. This consideration, along with the principle of family unity, outweighed the seriousness of the applicant's non-compliance with migration laws. The Tribunal concluded that the visa should not be cancelled.