1838057 (Migration)

The Administrative Appeals Tribunal considered a decision to cancel the Subclass 155 (Five Year Resident Return) visa of an applicant. The dispute arose from the Minister's delegate being unsatisfied as to the applicant's identity, which formed the basis for the visa cancellation under section 116(1AA) of the Migration Act 1958 (Cth).

The Tribunal was required to determine whether the ground for cancellation under section 116(1AA) of the Act was made out. This involved assessing whether the inconsistencies in the information provided by the applicant regarding his identity were sufficient to satisfy the Minister that the applicant's identity was not established.

The Tribunal found that while there were indeed inconsistencies in the applicant's provided documentation and statements, these were not sufficient to satisfy the ground for cancellation. These inconsistencies included differing accounts of his name, age, and the identity of his brother, as well as discrepancies in dates of birth provided in various applications and documents. Furthermore, the Tribunal noted that official inquiries with the Afghan Government indicated that a key document, a Tazkira, had not been issued by the relevant authority and that information within it did not correspond with official records. The Tribunal concluded that, given these circumstances, it was not satisfied that the ground for cancellation under section 116(1AA) existed, and therefore the power to cancel the visa did not arise.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 155 visa.