1811868 (Refugee)

The Tribunal reviewed a decision to cancel the protection visa of an applicant who had arrived in Australia in 2012. The applicant, who identified as a stateless Bidoon and an Iraqi national, was granted a protection visa in 2013. Subsequently, the Department of Immigration and Border Protection initiated cancellation proceedings, alleging the applicant had provided incorrect information in his visa application concerning his citizenship and fear of harm in Iraq, stemming from identity documents submitted for a partner visa application.

The legal issues before the Tribunal were whether the notice of intention to consider cancellation was sufficiently particularised, and whether the applicant had indeed failed to comply with the requirements of the *Migration Act 1958* as alleged in the notice. The Tribunal considered the principles of particularity required in such notices, drawing on case law from the Federal Court and Federal Magistrates Court, which stipulate that a notice must adequately inform the visa holder of the basis of the proposed cancellation to allow for a proper response.

The Tribunal found that the notice issued under section 107 of the *Migration Act 1958* was sufficiently particularised, providing the applicant with adequate detail regarding the alleged incorrect information and the basis for that assertion. While the Tribunal acknowledged that the applicant had provided incorrect information in his visa application, it ultimately concluded, after considering all relevant circumstances, that the visa should not be cancelled.

Accordingly, the Tribunal set aside the decision to cancel the applicant's Subclass 866 (Protection) visa and substituted a decision not to cancel it.