1804288 (Refugee)

The applicant sought review of a decision to cancel his protection visa. The dispute concerned whether the applicant had provided incorrect information or a bogus document in his original protection visa application, which was the basis for the cancellation. The matter was before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant had failed to comply with the *Migration Act 1958* (Cth) by providing incorrect information or a bogus document in his protection visa application. If such non-compliance was established, the Tribunal then had to consider whether to exercise its discretion to cancel the visa, weighing the grounds for cancellation against any reasons not to cancel.

The Tribunal found that the applicant's protection visa had been granted based on his claim of being a homosexual man and his fear of persecution in Jordan on that basis. However, subsequent information, including the applicant's application for a partner visa for a woman and his interview with a departmental officer in Amman, raised credibility concerns. The Tribunal concluded that the applicant had deliberately provided incorrect information regarding his homosexuality at the time of his protection visa application, and that this information was central to his claims. The Tribunal gave significant weight to this deliberate provision of incorrect information when considering its discretion to cancel the visa.

The Tribunal affirmed the decision to cancel the applicant's visa, finding that the grounds for cancellation outweighed any reasons not to cancel.