1812307 (Refugee)

The Administrative Appeals Tribunal affirmed the decision to cancel the applicant's Subclass 866 (Protection) visa. The dispute concerned the applicant's claims of being targeted by Shia extremists in Iraq, which formed the basis of his protection visa application.

The Tribunal was required to determine whether the applicant had provided incorrect information in his visa application and, if so, whether there were compelling circumstances to warrant the cancellation of his visa. Specifically, the Tribunal considered whether the applicant's claims of being detained, tortured, targeted, or threatened by Shia militias were fabricated, and whether his subsequent voluntary returns to Iraq for extended periods without incident indicated a lack of genuine fear.

The Tribunal found that the applicant's claims regarding adverse interest from Shia militias were fabricated, noting that he had travelled to Iraq on three occasions without experiencing any difficulties. This, coupled with inconsistencies in his evidence regarding his identity, the existence of a valid Iraqi passport issued in 2011, and his departure date from Iraq, led the Tribunal to conclude that the applicant had not complied with section 101 of the Migration Act 1958. The Tribunal considered the applicant's response to the notice of non-compliance and the prescribed circumstances for cancellation under regulation 2.41 of the Migration Regulations 1994.

The Tribunal concluded that the applicant had provided incorrect information when applying for his protection visa, as he was not wanted by any Shia militia group, had a legitimate Iraqi passport, and had departed Iraq at a different time than claimed. Given these findings of non-compliance and the absence of any mandatory cancellation circumstances, the Tribunal exercised its discretion to cancel the visa.