2203201 (Refugee)

The Administrative Appeals Tribunal reviewed a decision to cancel the protection visas of two applicants from Iran. The dispute arose from allegations that the applicants provided incorrect information in their visa applications and failed to comply with relevant sections of the *Migration Act 1958* (Cth). The applicants, who were married and had Australian citizen children, claimed they were pressured by people smugglers to provide false information about their identity and documentation upon arrival in Australia to avoid being returned to Iran.

The Tribunal was required to determine whether the Minister's delegate had validly exercised the power to cancel the applicants' visas under section 109 of the *Migration Act 1958* (Cth). This involved assessing whether the applicants had failed to comply with the statutory obligations to provide correct information and not present bogus documents. A further consideration was the impact of a section 438 certificate issued by the Department, which restricted the disclosure of certain information deemed contrary to the public interest due to its potential to prejudice law enforcement methods.

The Tribunal reasoned that while the delegate had reached the necessary state of mind to engage section 107 of the Act and the notice issued complied with statutory requirements, the cancellation decision itself was flawed. The Tribunal found that the applicants' actions, including the alleged instruction to provide false information by people smugglers, were undertaken under duress and a fear of persecution if returned to Iran. The Tribunal also considered the best interests of the children, who were Australian citizens, and the non-refoulement obligations owed to the applicants.

Ultimately, the Tribunal set aside the decision to cancel the applicants' protection visas.