1834215 (Refugee)

The Administrative Appeals Tribunal reviewed a decision to cancel the visa of an Iraqi citizen. The applicant had been granted a permanent protection visa in 2012 based on claims of persecution by the Al Mahdi Army due to his role in arranging secular activities that contravened their interpretation of Islamic law, leading to fears of retaliation and death. The cancellation decision was made by a delegate of the Minister.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) in a manner that justified the cancellation of his visa. Specifically, the Tribunal had to determine if the applicant had provided incorrect information or failed to disclose relevant circumstances, as alleged in the notice of intention to cancel his visa. This involved assessing the veracity of the applicant's claims regarding his reasons for returning to Iraq on two occasions after his protection visa was granted.

The Tribunal found that the applicant had not failed to comply with the Act. It accepted the applicant's explanation that his returns to Iraq were for compassionate reasons, specifically to arrange medical treatment for his daughter and to facilitate her travel to Australia. The Tribunal noted that the applicant had travelled to Kurdistan and Basra, areas he considered safer, and not his hometown, which he claimed posed a risk. Furthermore, the Tribunal was satisfied that the applicant had provided correct information in his protection visa application and had not misled the department regarding his circumstances or fears. The delegate's conclusion that the applicant's travel indicated he did not have an adverse profile was not accepted.

Consequently, the Tribunal set aside the delegate's decision to cancel the applicant's visa.