1905248 (Refugee)

The applicant, an Iranian citizen, sought review of the Minister's decision to cancel his protection visa. The cancellation was based on the delegate's finding that the applicant had failed to provide correct information in his visa application, specifically in relation to his reasons for fearing return to Iran. The applicant had claimed he was accused of raping a woman named Ms. A, that her family sought retribution, and that the Iranian authorities were also looking for him. He also claimed to have converted to Zoroastrianism and feared harsh treatment due to this conversion.

The legal issue before the Tribunal was whether the applicant had failed to comply with section 101(b) of the *Migration Act 1958* by providing incorrect answers in his protection visa application, and if so, whether the visa should be cancelled. The Tribunal was required to determine the veracity of the applicant's claims regarding his relationship with Ms. A, the alleged rape, the subsequent accusations, his fear of the Iranian authorities and Ms. A's family, and his claimed conversion to Zoroastrianism.

The Tribunal found that the applicant had provided incorrect information. It noted that the applicant's marriage certificate listed his religion as Muslim, contradicting his claim of conversion to Zoroastrianism. Furthermore, the Tribunal found that the applicant was in a relationship with his wife, Ms. B, at the time he claimed to be in a relationship with Ms. A. This led the Tribunal to conclude that the alleged relationship with Ms. A, and consequently the claims of rape and fear of retribution stemming from it, were not credible. The Tribunal also considered the applicant's voluntary return to Iran for four and a half months after his protection visa was granted, and his ability to obtain an Iranian passport, as evidence that he did not hold an adverse profile in Iran and did not fear the authorities or Ms. A's family as claimed.

Consequently, the Tribunal concluded that the decision to cancel the applicant's visa under section 109 of the Act should be set aside.