1904679 (Refugee)

The applicant, a stateless Faili Kurd from Iran, sought to have the cancellation of her Subclass 866 (Protection) visa reviewed. The cancellation was based on the grounds of non-compliance with the Act, specifically concerning incorrect information provided by the applicant. The applicant claimed she was compelled to provide false information by her ex-husband, who allegedly wished to live in Australia, and also raised claims of domestic violence.

The Tribunal was required to determine whether the applicant had failed to comply with the Act in the manner described in the notice of cancellation. It also had to consider whether, in light of all the relevant circumstances, including the applicant's claims regarding her ex-husband and domestic violence, the visa cancellation decision should be affirmed. A key aspect of the determination involved assessing the applicant's credibility in relation to the information she provided.

The Tribunal concluded that the applicant had indeed failed to comply with the Act as specified in the cancellation notice. After considering all the circumstances, including the applicant's explanations and the credibility issues raised, the Tribunal affirmed the decision to cancel the applicant's protection visa. The Senior Member, Kira Raif, affirmed the decision.