1919414 (Refugee)

The applicant sought review of a decision to cancel their Subclass 790 (Safe Haven Enterprise Visa). The cancellation was based on alleged non-compliance with the *Migration Act 1958* (Cth) (the Act), specifically concerning information provided in a previous Global Special Humanitarian visa application. The applicant had allegedly used aliases and provided different dates of birth in that earlier application.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the Act in the manner described in the notice of cancellation. If non-compliance was established, the Tribunal then had to consider whether, in all the relevant circumstances, the visa should not be cancelled.

The Tribunal found that while there was non-compliance as described in the notice, it concluded that the visa should not be cancelled. The Tribunal considered various factors, including the applicant's presence of a brother in Australia, their contribution to society as a business owner and employer, their Hazara ethnicity, and the ongoing sectarian violence in Afghanistan. These factors were deemed to render the applicant's claims still relevant and significant in the context of the cancellation decision.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 790 visa.