1828193 (Migration)

The applicant sought review of a decision to cancel their Subclass 155 (Five Year Resident Return) visa. The cancellation was based on the applicant having provided incorrect information in a previous protection visa application, specifically concerning their country of nationality and claimed statelessness as a Rohingya person born in Myanmar. The applicant possessed Bangladeshi passports.

The primary legal issue before the Tribunal was whether the applicant had provided incorrect information in their previous protection visa application, thereby triggering the grounds for cancellation under the Migration Act 1958 (Cth). This involved determining the nature of the Bangladeshi passports held by the applicant and whether the applicant was eligible for Bangladeshi citizenship, which would impact the veracity of their claimed statelessness and country of nationality.

The Tribunal found that the applicant had not provided incorrect information as alleged in the notice of intention to cancel. The Tribunal concluded that the discretionary power to cancel the visa did not arise. Consequently, the Tribunal set aside the decision to cancel the applicant's visa and substituted a decision not to cancel the Subclass 155 visa.