1807853 (Refugee)

This matter concerned the review of a decision to cancel the Subclass 866 (Protection) visa of the first applicant. The cancellation was based on allegations that the applicant had provided incorrect information in her visa application, specifically regarding her status as a stateless Faili Kurd and inconsistencies in her date of birth and marriage. The Department had issued a notice under section 107 of the Migration Act 1958 detailing these alleged non-compliances.

The Tribunal was required to determine whether the applicant had failed to comply with section 101(b) of the Migration Act by providing incorrect answers in her visa application. This involved assessing whether the applicant had indeed provided false information about her and her family's stateless Faili Kurd status, and whether she had given inconsistent details concerning her date of birth and marriage. The Tribunal also needed to be satisfied that the section 107 notice issued by the Department complied with the statutory requirements.

The Tribunal found that the section 107 notice was valid and provided sufficient detail for the applicant to understand and respond to the allegations. However, after considering the evidence, the Tribunal was not satisfied that the applicant had provided incorrect information regarding her stateless Faili Kurd status or her date of birth. Consequently, the ground for cancellation was not established.

The Tribunal set aside the decision under review and substituted it with a decision not to cancel the applicant’s Subclass 866 (Protection) visa. The Tribunal noted that it had no jurisdiction with respect to the other applicants.