1909327 (Refugee)

The Administrative Appeals Tribunal reviewed a decision to cancel a protection visa held by a stateless Faili Kurd, who claimed Iraqi or Iranian citizenship. The dispute centred on allegations of incorrect answers provided in the visa application concerning the applicant's citizenship and that of their family members, which formed the basis for the cancellation decision.

The Tribunal was required to determine whether the notice issued under section 107 of the *Migration Act 1958* was valid and sufficient, and whether the decision-maker was reasonably satisfied that the applicant had failed to comply with the requirements of the Act, specifically section 101 concerning the correctness of visa applications. A further issue was whether the visa cancellation power under section 109 was enlivened, considering the validity of the grounds for alleged non-compliance.

The Tribunal found that the section 107 notice was invalid because it failed to provide sufficient particulars of the alleged non-compliance, thereby preventing the applicant from having a real opportunity to understand and meaningfully respond. Specifically, the notice did not reference possible Iraqi citizenship and relied on a single questionable document concerning the grandparents' purported citizenship. Even if the notice were considered valid, the Tribunal concluded that there was no real state of satisfaction that the applicant had failed to comply with the Act in the manner described. Consequently, the power to cancel the visa under section 109 was not enlivened.

The Tribunal set aside the delegate's decision and substituted a decision that the power to cancel the visa under section 109 was not enlivened.