2008031 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning the cancellation of a protection visa held by a minor applicant. The dispute arose from allegations that the applicant provided incorrect information in her visa application, specifically regarding the identity and whereabouts of her father, which was relevant to her protection claims, including concerns related to China's one-child policy and the circumstances of her birth.

The Tribunal was required to determine whether the applicant had failed to comply with section 101 of the *Migration Act 1958* (Cth) by providing incorrect answers in her visa application. It also had to consider whether, if non-compliance was found, the applicant's protection visa should be cancelled, taking into account all relevant circumstances.

The Tribunal found that there had been non-compliance with section 101 of the Act, as the information provided in the application was incorrect. However, after considering all the relevant circumstances, including the applicant's status as a minor and the context of her protection claims, the Tribunal concluded that the visa should not be cancelled.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 866 (Protection) visa.