1921463 (Refugee)

The applicant, who claimed to be a Faili Kurd from Iran, sought to set aside a decision to cancel their Subclass 866 (Protection) visa. The dispute arose from allegations of the applicant providing incorrect information in their visa application, specifically concerning their nationality and race. The matter was heard by the Tribunal.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the Act as outlined in the notice of cancellation. Furthermore, the Tribunal had to consider whether, in light of all the relevant circumstances, the applicant's protection visa should be cancelled.

The Tribunal found that while there was non-compliance by the applicant as described in the notice, it ultimately concluded that the visa should not be cancelled. The Tribunal reasoned that, after considering all the relevant circumstances, the decision to cancel the visa was not warranted. The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 866 (Protection) visa.