1806127 (Refugee)

This matter concerned an application for review of a decision to cancel the applicant's Subclass 866 (Protection) visa. The applicant, who had been resident in Australia for approximately nine years, sought to set aside the cancellation decision.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with section 101(b) of the *Migration Act 1958* (Cth) by providing incorrect information in her protection visa application. This involved determining whether the decision to grant the visa was based, wholly or partly, on incorrect information or a bogus document, and whether the circumstances of this non-compliance warranted cancellation.

The Tribunal found that the applicant had indeed provided incorrect information in her visa application, specifically regarding her identity as a stateless Faili Kurd, which was central to her claims for protection. The applicant explained that she and her family had been advised by people smugglers to adopt this identity and destroy their original documents to avoid deportation to Iran and to avoid jeopardising the visas of relatives already in Australia. Despite this finding of non-compliance, the Tribunal considered the applicant's circumstances, including her long residence in Australia, her family's integration into the community, her educational pursuits, and her husband's employment and business plans.

Having regard to all these circumstances, the Tribunal concluded that the visa should not be cancelled. Accordingly, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 866 (Protection) visa.