2209985 (Migration)

The Administrative Appeals Tribunal reviewed a decision to cancel the Refugee and Humanitarian (Class XB) visa, Subclass 200 (Refugee), held by the applicant. The dispute arose from the Minister's delegate's belief that the applicant had adopted the identity of another person registered with the United Nations High Commissioner for Refugees (UNHCR) in their country of origin. This concern was based on information suggesting an individual with the applicant's name, date of birth, and parents' names had travelled to a third country prior to the applicant's arrival in Australia, coupled with perceived inconsistencies in the applicant's UNHCR registration documents.

The Tribunal was required to determine whether the delegate was satisfied that the grounds for cancellation under section 116 of the Migration Act 1958 (Cth) were made out, specifically concerning the applicant's identity. This involved assessing the credibility of the applicant's explanation for the discrepancies in their documentation and the circumstances surrounding their name changes. The Tribunal also considered the consequential cancellation of the applicant's wife's visa, which was not subject to review by the Tribunal.

The Tribunal found that the applicant's explanation for the perceived anomalies was credible. The applicant, a member of a minority ethnicity and Christian, had experienced forced labour for the military and an unlawful departure to a third country. Unable to obtain assistance from the UNHCR, the applicant was advised by their church to assume the identity of another person to attend an interview after that person could not be located. The Tribunal accepted that cultural flexibility in naming conventions did not inherently indicate dishonesty and that all other claims made by the applicant were their own. The decision to cancel the visa was based on the grounds of identity, not on the provision of incorrect information. The Tribunal also found the addition of a tribal name as a surname to be reasonable for living in Australia.

Consequently, the Tribunal set aside the decision to cancel the applicant's visa.