2001170 (Refugee)

The applicant, who claimed to be a Faili Kurd from Iran, sought review of a decision to cancel their Subclass 866 (Protection) visa. The delegate's decision to cancel the visa was based on a failure to be satisfied as to the applicant's identity, specifically their nationality and race. The applicant contended that their date of birth had been incorrectly converted from the Persian to the Gregorian calendar, and that they were stateless.

The Administrative Appeals Tribunal (the Tribunal) was required to determine whether the delegate had sufficient grounds to cancel the applicant's visa under section 116(1)(AA) of the *Migration Act 1958* (Cth). This involved assessing whether the applicant's identity, including their nationality and race, had been established to the satisfaction of the delegate, and whether any inconsistencies or credibility issues were sufficient to justify cancellation.

The Tribunal found that while there were some inconsistencies in the evidence regarding the applicant's and their parents' nationality, these were not substantial enough to undermine the applicant's claims about their identity. The Tribunal noted that the applicant's ability to obtain education and access healthcare in Iran was also relevant to their circumstances. Ultimately, the Tribunal concluded that there was an insufficient basis for cancellation under section 116(1)(AA). Consequently, the Tribunal set aside the delegate's decision and substituted a decision not to cancel the applicant's visa.