2012904 (Refugee)

The matter before the Tribunal concerned the cancellation of a protection visa granted to the applicant. The dispute arose because the Department of Home Affairs had determined that the applicant had provided incorrect information and a bogus document in her application for the protection visa, leading to the cancellation of her visa. The Tribunal was tasked with reviewing this decision.

The primary legal issue before the Tribunal was whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing incorrect information or a bogus document, thereby justifying the cancellation of her protection visa under section 109 of the Act. This involved determining if the delegate had formed the necessary state of mind to issue a notice of intention to cancel the visa and whether the particulars of non-compliance set out in that notice were established.

The Tribunal found that the delegate had reached the necessary state of mind and issued a valid notice under section 107 of the Act. However, upon reviewing the evidence, the Tribunal concluded that the decision to cancel the visa should be set aside. The Tribunal noted that the applicant had provided incorrect information regarding her identity, including her age, marital status, and citizenship, and had fabricated core protection claims, such as being a minor who was raped by a Taliban commander. The Tribunal found that the applicant was an adult, married to an Iranian citizen, and therefore an Iranian national by marriage at the time of her application. Crucially, the Tribunal found that the applicant had admitted to fabricating her core protection claims, stating she was advised by others to do so to obtain a protection visa. Despite these findings of misrepresentation, the Tribunal ultimately set aside the cancellation decision.