1828192 (Migration)

The applicant, who held a Subclass 155 (Five Year Resident Return) visa, sought review of a decision to cancel that visa. The cancellation was based on the ground that the applicant had provided incorrect information in a previous protection visa application, specifically concerning their country of nationality and claimed statelessness as a Rohingya born in Myanmar, despite possessing Bangladeshi passports. The decision under review was made by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had engaged in conduct that constituted non-compliance as described in the notice issued under section 107 of the Migration Act 1958 (Cth). This question was central to determining whether the discretionary power to cancel the applicant's visa had arisen.

The Tribunal found that the applicant had not engaged in non-compliance in the manner alleged in the section 107 notice. Consequently, the Tribunal concluded that the discretionary power to cancel the applicant's visa had not been enlivened.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 155 (Five Year Resident Return) visa.