1816702 (Refugee)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to cancel the first applicant's Subclass 866 (Protection) visa under s.109(1) of the Migration Act 1958. The applicants, mother and daughter, were nationals of Lebanon. The applicant had initially been granted protection visas in 2014, but these were cancelled in 2018 on the grounds that she had provided incorrect information in her visa application. The second applicant's visa was automatically cancelled as a consequence of the first applicant's visa cancellation.

The primary legal issue before the court was whether the applicant had provided incorrect information in connection with her protection visa application, thereby justifying the cancellation of her visa under s.109(1) of the Act. The applicant had claimed fear of harm in Lebanon due to sectarian violence and threats to her personal safety based on her religion and imputed political opinion, as well as past physical and psychological abuse by her husband's family. The delegate's decision to cancel the visa was based on the belief that the applicant had provided false or misleading information.

The court considered the applicant's claims of fear of harm, including threats from her husband's family due to perceived disloyalty and past abuse. The applicant asserted that she had not provided false or misleading information and that her daughters' statements, which may have appeared inconsistent, were made to avoid embarrassing their father and his family. The court noted that no specific information was provided to address the grounds for cancellation as outlined in the s.107 notice. The court affirmed the delegate's decision to cancel the visa.