1915584 (Refugee)

The applicant, an Iranian citizen, sought review of the cancellation of her Subclass 866 (Protection) visa. The Department of Home Affairs had cancelled the visa on the grounds of non-compliance with the Act, specifically alleging the applicant provided incorrect information and made false claims about being stateless and of Faili Kurd ethnicity. The applicant's husband's visa had also been cancelled, and she had Australian citizen children.

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 relevant circumstances, the visa should be cancelled.

The Tribunal found that the applicant had indeed failed to comply with the Act as alleged in the notice. It concluded that the applicant was an Iranian citizen from birth and had not been stateless. Having regard to all the relevant circumstances, the Tribunal affirmed the decision to cancel the applicant’s Subclass 866 (Protection) visa.