1817806 (Refugee)

This matter concerned an application for review of a decision by a delegate of the Minister for Immigration to cancel the Subclass 866 (Protection) visa of the first applicant, an Egyptian national and Coptic Christian woman. The cancellation was based on the ground that she had provided incorrect information in her visa application. The second applicant, her daughter, had her visa automatically cancelled as a consequence of the first applicant's visa cancellation. The Tribunal's jurisdiction was limited to the review of the decision concerning the first applicant.

The legal issues before the Tribunal were whether the ground for cancellation, namely the provision of incorrect information in the visa application, was made out, and if so, whether the visa should be cancelled in the exercise of discretion. The applicant had claimed fear of harm in Egypt due to her Coptic Christian faith, family conflict with Muslim neighbours, and threats from members of the Muslim Brotherhood, including specific allegations of violence and threats against her and her daughter.

The Tribunal found that while there had been non-compliance as described in the notice given under section 107 of the Migration Act 1958, it concluded that, in the particular circumstances of the case, the visa should not be cancelled. The Tribunal considered the applicant's claims of fear of harm, her status as a single Coptic Christian woman in Egypt with no close relatives or support, and the high risk of gender-based discrimination and violence she faced. The Tribunal noted that the basis of the original visa grant involved specific claims of risk that were not fully considered in the cancellation decision.

The Tribunal set aside the decision under review and substituted a decision not to cancel the first applicant's Subclass 866 (Protection) visa. The Tribunal confirmed it had no jurisdiction with respect to the second applicant.