1903956 (Refugee)

The Administrative Appeals Tribunal considered a dispute concerning the cancellation of a protection visa held by an applicant from Afghanistan. The applicant's visa was subject to potential cancellation under section 116(1AA) of the *Migration Act 1958* (Cth), which relates to the satisfaction of the Minister or their delegate as to the visa holder's identity.

The primary legal issue before the Tribunal was whether the delegate had reasonably formed the necessary satisfaction that the ground for cancellation under section 116(1AA) existed. This involved assessing whether the applicant had provided a bogus document and incorrect information, and whether the delegate had properly considered the applicant's identity in light of the National Identity Proofing Guidelines, which encompass biometrics, documentation, and biographical information. The Tribunal also considered its own powers, including the ability to request departmental investigations and summon individuals to appear.

The Tribunal found that it was not satisfied that the ground for cancellation under section 116(1AA) was established. Consequently, the power to cancel the applicant's visa did not arise under that provision. However, the Tribunal noted that the Department might consider cancellation under section 109 of the *Migration Act 1958* (Cth) due to the provision of a bogus document and incorrect information. The Tribunal set aside the delegate's decision to cancel the applicant's Subclass 866 (Protection) visa and substituted a decision not to cancel the visa.