2208583 (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the applicant's Subclass 155 (Five Year Resident Return) visa. The dispute arose from allegations that the applicant had provided incorrect information in her protection visa application, specifically regarding her nationality and statelessness, which was subsequently repeated in her Australian citizenship application.

The Tribunal was required to determine whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) concerning the provision of correct information in visa applications. If non-compliance was found, the Tribunal then had to consider whether the discretion to cancel the visa should be exercised, taking into account various factors including the applicant's length of residence in Australia, her community ties, her relationship with an Australian citizen, and the potential consequences of cancellation, such as prolonged detention and the non-refoulement obligations.

The Tribunal found that the applicant had indeed failed to comply with the Act by providing incorrect information. However, after considering all relevant factors, including the applicant's significant ties to Australia, her contributions to the community, and the fact that cancellation might lead to prolonged detention without necessarily breaching non-refoulement obligations due to intervening legal steps, the Tribunal concluded that the visa should not be cancelled. The Tribunal noted that while the applicant would not be removed from Australia pending consideration of her non-refoulement obligations, this did not preclude the possibility of indefinite detention following cancellation.

Consequently, the Tribunal set aside the decision under review and substituted a decision not to cancel the applicant's Subclass 155 visa.