2216655 (Refugee)

Case [2023] AATA 4135

2216655 (Refugee) [2023] AATA 4135 (24 August 2023)

DECISION RECORD

DIVISION:Migration & Refugee Division

REPRESENTATIVE:  Mr Mark Edward Northam

CASE NUMBER:  2216655

COUNTRY OF REFERENCE:                   Iraq

MEMBER:Melissa McAdam

DATE:24 August 2023

PLACE OF DECISION:  Sydney

DECISION:The Tribunal sets aside the decision under review and substitutes a decision not to cancel the applicant’s Subclass 866 (Protection) visa.

Statement made on 24 August 2023 at 10:21am

CATCHWORDS

REFUGEE – cancellation – protection visa – Iraq – Federal Circuit and Family Court remittal – incorrect information in the visa application – race – Bidoon – nationality – stateless – Iraqi citizenship – education – return visit to Iraq for marriage – non-refoulement obligations – best interests of the children – family medical needs – indefinite detention – decision under review set aside

LEGISLATION

Migration Act 1958, ss 5(1), 36, 46, 97-105, 107-109, 140, 189, 197, 198
Migration Regulations 1994, r 2.41; Schedule 4, Public Interest Criterion 4014

CASES

Minister for Immigration and Citizenship v Khadgi (2010) 190 FCR 248
Promsopa v MICMSA [2020] FCA 1480
Wan v MIMA (2001) 107 FCR 133

Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependants.

STATEMENT OF DECISION AND REASONS

APPLICATION FOR REVIEW

  1. This is an application for review of a decision made on 15 September 2017 by a delegate of the Minister for Immigration and Border Protection to cancel the applicant’s Subclass 866 (Protection) visa under s 109(1) of the Migration Act 1958 (Cth) (the Act).

  2. The delegate cancelled the visa on the basis that the applicant had not complied with s 101(b) of the Act.

  3. The issue in the present case is whether the ground for cancellation is made out, and if so, whether the visa should be cancelled.

  4. The delegate’s decision to cancel the applicant’s protection visa was affirmed on review by the Tribunal (differently constituted) on 24 May 2019. The applicant appealed the Tribunal’s decision to the Federal Circuit and Family Court of Australia. [In] November 2022 the Court made consent orders requiring the Tribunal to determine the application according to law.

  5. The applicant was represented in relation to the review.

    Migration History

  6. The applicant arrived in Australia by boat [in] November 2011 on Christmas Island as an unauthorised maritime arrival. He was interviewed by a Departmental officer on [date] November 2011. A Protection Obligations Evaluation interview was also held on 16 January 2012.

  7. The applicant made an application for a Protection (subclass 866) visa on 17 August 2012, which was granted on 27 August 2012.  The applicant provided a written statement in support of his Protection visa application. He also provided to the Department of Home Affairs (the Department) copies of the following documents:

–     The applicant’s Kuwaiti Birth Certificate.

–     The applicant’s father’s Kuwaiti Military ID Card dated [in] 1969.

–     The…

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AGLC
2216655 (Refugee) [2023] AATA 4135
Case
[2023] AATA 4135
Decision Date

CaseChat Overview and Summary

This matter concerned the cancellation of a protection visa granted to the applicant, who arrived in Australia in November 2011. The applicant was granted a Protection (subclass 866) visa in August 2012, based on claims of persecution in Iraq due to his stateless Bidoon status. The Department of Home Affairs later issued a Notice of Intention to Cancel Visa (NOICC), alleging non-compliance with section 101(b) of the *Migration Act 1958* (Cth) by providing incorrect information in his visa application regarding his citizenship at birth and the reasons for leaving Iraq. The delegate ultimately cancelled the visa, finding that the applicant was an Iraqi citizen and not stateless as claimed, and that his travel to Iraq in 2014 contradicted his fears of persecution.

The core legal issue before the Tribunal was whether the applicant had failed to comply with section 101(b) of the Act by providing incorrect answers in his visa application, and if so, whether his visa should be cancelled. This involved determining the applicant's true citizenship status at the time of his visa application and assessing whether his stated fears of persecution were genuinely held and supported by evidence, particularly in light of his subsequent travel to Iraq. The Tribunal was required to consider the applicant's claims of being a stateless Bidoon, the evidence presented by the Department regarding his alleged Iraqi citizenship, and the implications of his return visit to Iraq for his protection claims and Australia's non-refoulement obligations.

The Tribunal considered extensive evidence, including the applicant's original visa application, departmental records, country information on Bidoons, and detailed testimony from the applicant himself. The applicant maintained he was a Bidoon born in Kuwait, stateless, and that his family fled to Iraq where they were later granted Iraqi identity documents, which he argued did not equate to full citizenship or protection. He explained that these documents were obtained through a process involving sponsorship and declarations, and that he faced discrimination and lack of rights in Iraq due to his Bidoon status and Sunni Muslim faith. The Tribunal noted that the applicant had provided an Iraqi ID card and a marriage certificate with discrepancies, and had travelled to Iraq for his marriage in 2014. However, the applicant explained these discrepancies arose from the difficulties of obtaining accurate documentation in Iraq and his limited education. He also testified about the ongoing dangers in Iraq, particularly for Sunnis, and the impact of his mother's death and his divorce on his ties to Iraq.

Ultimately, the Tribunal found that the applicant had not failed to comply with section 101(b) of the *Migration Act 1958*. The Tribunal was not satisfied that the applicant had provided incorrect answers in his visa application. It was persuaded that the applicant's claims regarding his stateless Bidoon status and his fear of persecution in Iraq were credible, despite the evidence of his Iraqi citizenship documents and his travel to Iraq. The Tribunal set aside the delegate's decision to cancel the applicant's visa.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

According to available country information Bidoons are people who were left stateless when Kuwait became independent in 1961.[2] The word ‘bidoon’ is Arabic for ‘without’ and has become shorthand for bidoon jinsiya (‘without nationality’).[3] Bidoons made up the majority of the Kuwaiti army and, following Iraq’s invasion of Kuwait in 1990, many had their loyalty to Kuwait questioned, resulting in half of the country’s Bidoon population of 250,000 fleeing or being deported to Iraq.[4] Many Bidoon who had fled from Kuwait to Iraq were later denied re-entry.[5] The Iraqi government offered Bidoons the opportunity to obtain Iraqi citizenship through an assistance package called makremiayah, which involved declaring that Kuwait was not their place of birth and often required sponsorship from a local tribal group.[6][2] European Network on Statelessness, 'Country Position Paper: Statelessness in Iraq', Institute on Statelessness and Inclusion, November 2019[3] Ibid.[4] Ibid.[5] European Asylum Support Office 2019, ‘EASO Country of Origin Information Report - Iraq Targeting of Individuals', 7 March.[6] UNHCR, 2022, 'Iraq Statelessness Study: Statelessness and Risks of Statelessness in Iraq: Faili Kurd and Bidoon Communities’, 25 October.CONSIDERATION OF CLAIMS AND EVIDENCE Section 109(1) of the Act allows the Minister to cancel a visa if the visa holder has failed to comply with ss.101, 102, 103, 104, 105 or 107(2) of the Act. Broadly speaking, these sections require non-citizens to provide correct information in their visa applications and passenger cards, not to provide bogus documents and to notify the Department of Home Affairs (the Department) of any incorrect information of which they become aware and of any relevant changes in circumstances. The exercise of the cancellation power under s.109 of the Act is conditional on the Minister issuing a valid notice to the visa holder under s.107 of the Act, providing particulars of the alleged non-compliance. Where a notice is issued that does not comply with the requirements in s.107, the power to cancel the visa does not arise. The applicant’s migration agent informed the Tribunal that there is no issue in relation to the validity of the s.107 notice. (Extracts of the Act relevant to this case are attached to this decision).Was there non-compliance as described in the s.107 notice? The issue before the Tribunal is whether there was non-compliance in the way described in the s.107 notice, being the manner particularised in the notice, and if so, whether the visa should be cancelled. The non-compliance identified and particularised in the s.107 notice was non-compliance with s.101(b) in the following respects: At question 19 of part C of the Form 866, the applicant answered ‘stateless’ to the question ‘Your citizenship at birth’’. This was considered incorrect by the delegate on the basis the applicant is an Iraqi citizen and was so at the time of his Protection visa application. At question 42 of part C of the Form 866, the applicant provided a statement in response to the question ‘Why did you leave that country?’. The delegate considered the applicant’s statement incorrect on the basis the applicant is an Iraqi citizen and was so at the time of his Protection visa application. Further, the delegate considered the applicant’s travel to Iraq in 2014 indicated that his fears of persecution based on being stateless in Iraq are incorrect.The applicant’s status as a Stateless Bidoon living in Iraq without citizenship

Decision

Reasons for decision

The Department conducted an International Treaties Obligation Assessment (ITOA) on 17 February 2017, which concluded that there was no real chance of the applicant suffering serious harm, or a real risk of him facing significant harm, in case of his return to Iraq. The ITOA assessment essentially concluded that the applicant was not a person in respect of whom Australia had protection or non-refoulement obligations. Delegate’s Decision The delegate determined that the applicant had not complied with his s 101(b) obligations. The delegate weighed up the considerations and decided to cancel the applicant’s visa. Information to the Tribunal In support of the application for review, the applicant provided to the Tribunal a copy of the delegate’s decision record. Pre-Hearing Submissions, 2018 On 31 October 2018 the applicant informed the Tribunal that he had married in Australia [in] August 2018. He enclosed a copy of his NSW Marriage Certificate. On 6 November 2018 the applicant provided a written submission to the Tribunal outlining the following:-That he had provided to the department his Iraqi ID card on which the Iraqi authorities wrote “whatever they felt like”. -He is a Bidoon born in Kuwait and fled with his family to Iraq when he was [age] years old. -His Iraqi ID Card and his Kuwaiti Birth certificate confirm he is a Sunni Muslim.-He referred again to his protection claims in Iraq.-He stated in his previous Department interview that he has two siblings in Australia; [and various siblings in specified countries].-He explained in his previous Department interview that he had been given an Iraqi ID Card in Iraq and he was allowed to work there but not in government positions. He was also expelled from school as a Bidoon.-He has a Bidoon accent and even in Australia people know he is Bidoon by the way he speaks.-He complied with s 101(b) as during his interviews there was not much emphasis on his citizenship. He was scared and nervous during the interviews.-He acknowledges that there are unanswered questions in his form 866 but he did not have schooling and cannot speak or write English. -He attached current DFAT Travel Warnings for Iraq and news items regarding the security situation in Iraq.Tribunal Hearing, 13 November 2018 The applicant appeared before the Tribunal (as previously constituted) on 13 November 2018 to give evidence and present arguments. The Tribunal hearing was conducted with the assistance of an interpreter in the Arabic and English languages. The following is a summary of the information provided by the applicant at the hearing:a.He is not working. He is receiving Centrelink payments. He was previously a carer for a friend. The applicant’s brother in Australia also helps support him. The applicant has also borrowed money from a friend.b.The applicant’s date of birth is [date]. He was born in Kuwait in Al Jahraa.c.The applicant’s then representative confirmed there is no issue with the NOICC. She stated that the applicant provided correct information to the department.d.The applicant’s father and [specified siblings] are still in Iraq. His mother has passed away.e.The applicant’s father lives in Al Nasiriya. His [specified siblings] are also living there in separate areas. The applicant’s father does not currently work. His brothers can’t work currently. f.The applicant has a total of [number siblings]. One brother and one sister are in Australia, [others are in specified countries]. Some work and some don’t. Some study.g.The applicant’s brother and sister in Australia both have families here.h.The applicant is married. His wife is in Australia. i.He had a previous wife he divorced. Her name was [name]. She was born in [year] maybe. She has not been to Australia. She did not apply for a visa to Australia. The applicant divorced her last year maybe in May or April. j.The applicant’s current wife is [Wife A]. The applicant met and married her this year. She is from Iraq. She has been in Australia for four or five years. She lived in Basra in Iraq with her family. She is Iraqi, not Bidoon. She was brought to Australia with her family by her Dad. The applicant does not know what class of visa his wife has but she has a permanent visa.k.The applicant and his wife do not have children.l.The applicant’s brother in Australia is [Brother A]. He came to Australia in about 2010. He has Australian citizenship. He had a protection visa. [Brother A] is Iraqi born in Kuwait. The applicant’s sister in Australia is [Sister A]. She came to Australia in about 2000 maybe. She has Australian citizenship. She got permanent residence through her husband. She was an Iraqi national.m.The applicant has friends in Australia. He knows a lot of people but does not have close friends. n.He has not done any study or training in Australia. In Iraq his father had a shop selling food for stock and the applicant would help him in the shop.o.The applicant was unable to find work in Australia. He was just a carer and received a CentreLink carer’s allowance. He cared for a friend who was not a close friend. The applicant cared for him because he was sick. The applicant did this for two or three years between about 2013 and 2015.p.The applicant’s wife lives with him. She studies English at [a college]. She is looking for work.q.In Iraq the applicant lived in Nasiriya in [Town 1]. He lived with his family there. He has not lived anywhere else in Iraq.r.He arrived in Australia in November 2011. Since then he has returned to Iraq twice. The first time was in 2013. He was there for maybe two months. He went to Nasiriya. He didn’t do anything while he was there. He was at home and did not go out. His mother was sick. The applicant saw her for three days and then she passed away in hospital. The applicant used his Australian travel document to go to Iraq.s.The applicant was scared and unable to go out in Iraq while he was there in 2013. He was unable to be free there. His mum was at home, he did not see her in hospital. She passed away in hospital in [Country 1]. The applicant’s brother was living there. t.The applicant arrived in Iraq and saw his mother for three days and then she was taken to [Country 1] where she passed away after about ten days. The applicant stayed in Iraq for two months because after his mother passed away he had to spend the required 40 days mourning with his familyu.The applicant returned to Iraq in February 2014. He went to Nasiriya via the Basra airport. He went there to get married. He married in the same month that he arrived. While he was in Iraq he did not do much and then came back. He didn’t leave his house at all. He was at his aunt’s house. He stayed there five weeks. He could not stay longer because there are problems in Iraq.v.The applicant provided a marriage certificate to the department which includes a different name and date of birth. in Iraq they just generally guess a date of birth. They give the year but just choose any month. But the document is true and original. His name is the same. ‘[specified part of applicant’s name]’ is his grandfather’s name.w.A lawyer from immigration helped the applicant prepare his Protection visa application. The applicant gave the lawyer the information, it was true and correct. The applicant signed the application form. He had an interpreter at the time the application was prepared. In the application he described his parents and siblings as stateless. He meant they were stateless in Kuwait. In Iraq they all have the ID. He would not have provided his Iraqi ID document if he was trying to say he and his family were stateless in Iraq. He does not know why there was confusion.x.Originally the applicant’s family were from Iraq. His parents and he were all born in Kuwait. When he and his family went to Iraq they were given citizenship documents. They received an ID Card which is considered a citizenship document in Iraq. This happened when he was young, perhaps in 2007. They were also given cards in 2014. The old one says he was born in Iraq and the new one says he was born in Kuwait and gives more accurate information. He has submitted both ID cards to the Tribunal. The member told the applicant she had not received any ID cards. The applicant’s representative stated that she had sent the cards for translation but had not provided them to the Tribunal yet but intends to.y.The Tribunal member put to the applicant that he had written that his parents and all his siblings, apart from [Brother A], were stateless in Iraq. The applicant responded that in Iraq they are called stateless because of how they speak and look.z.The Tribunal member put to the applicant that he had written in his statement that he had no country and that they had no right to health care and higher education in Iraq. He responded that he gave his information to the lawyer. It is true the UN interfered to help them get citizenship in Iraq but in the beginning they were not given Iraqi citizenship. On the card it says it is an ID but it is also considered a citizenship document and people can move around with it.aa.The Tribunal member put to the applicant that his [Sister A] had stated she had acquired Iraqi citizenship at birth. She also provided her marriage certificate showing her father had provided his Iraqi passport. The applicant replied that yes they were given citizenship and were all given Iraqi passports. There is corruption in Iraq and you can get these things. The applicant obtained an Iraqi passport in 2011. The smuggler kept it. The applicant paid to obtain the passport but is not sure if it was true or fake. He is entitled to an Iraqi passport but the process would take a very long time without payment. bb.The Tribunal member put to the applicant that he was granted a Protection visa partly on the basis of being stateless. The applicant responded that maybe it was unclear back then and he could not provide all his information. He was very young back then. cc.The applicant stated that his visa should not be cancelled because he gave his Kuwaiti Birth Certificate and his Iraqi Citizenship Certificate. He fears persecution and has been threatened. The situation in Iraq is in the news. His mother passed away. He lost his first wife and has no one there. By ‘lost’ he means he divorced his first wife because he cannot live there and she cannot come here.dd.He is married in Australia. It will ruin their lives if his visa is cancelled. His wife cannot go back to Iraq with the applicant because there is no safety there. All of her family are in Australia.ee.There are a lot of gangs and militias and killings in Iraq. He is a Sunni Muslim and he is threatened by the majority Shia in the south. He cannot live there.ff.The member discussed the country information submitted by the applicant regarding the IS and fighting in Iraq. The member put to the applicant that most of the area claimed by IS had been recaptured and that casualties have reduced significantly. The applicant responded that there is no safety in Iraq and a large number have migrated. There are many living in neighbouring countries in camps. There are still explosions happening. Iraq is mostly governed by militias. No country allows you to go to Iraq, even Arabic countries. There is no safety there.gg.The applicant’s father and [siblings] rent homes in Nasiriya.hh.When he returned to Iraq no one knew he was there. He stayed at his aunt’s home. His mother meant everything to him. His marriage there also happened at home and he did not have a celebration.ii.The Tribunal put to the applicant that he had stated previously to the department he stayed at his wife’s family’s home when he went there in 2014, not his aunt’s home or his own home as he had stated during the hearing. The applicant responded yes he stayed at his aunt’s house and his family came and met him there.jj.The Tribunal put to the applicant DFAT information regarding Bidoons, Sunnis and southern Iraq. The applicant responded there is danger. Sunnis are a minority in the south which is mostly Shia. There is always war against DAESH or a militia, kidnapping, and danger. The applicant has no rights in Iraq. Since 2003 Sunnis have faced serious problems. If he lives in Iraq he will have to join a militia or a movement.Post-Hearing Submissions, 2018 and 2019

Ratio Decidendi

Legal Principle Established

The applicant was represented in relation to the review. Migration History The applicant arrived in Australia by boat [in] November 2011 on Christmas Island as an unauthorised maritime arrival. He was interviewed by a Departmental officer on [date] November 2011. A Protection Obligations Evaluation interview was also held on 16 January 2012. The applicant made an application for a Protection (subclass 866) visa on 17 August 2012, which was granted on 27 August 2012. The applicant provided a written statement in support of his Protection visa application. He also provided to the Department of Home Affairs (the Department) copies of the following documents: On 27 January 2017, the Department sent to the applicant an NOICC which set out the following: I consider that there has been non-compliance with the following section(s) of the Migration Act 1958 section 101(b). This provision relevantly provides that “a non-citizen must fill in his or her application form in such a way that…no incorrect answers are given.”Evidence held by the department:1. The department holds the following evidence that is relevant to this case:At question 11 of Part B of the Form 866, which states: ‘Do any of the persons included in this application and named in Question 1 have close relatives who are NOT in Australia at the time of application? The applicant answered, ‘Please see appendix A’. In appendix A, the applicant stated: ‘Father: [Father A] Citizenship(s) & date acquired: Stateless Country of residence: Iraq Status in country of residence: Stateless Mother: [Mother A] Citizenship(s) & date acquired: Stateless Country of residence: Iraq Status in country of residence: Stateless [Details of various siblings] Citizenship(s) & date acquired: Stateless Country of residence: [Various countries] Status in country of residence: Stateless [or Unknown]…Sister: [Sister A]Citizenship(s) & date acquired: Stateless Country of residence: Iraq Status in country of residence: Stateless Brother: [Brother A]Citizenship(s) & date acquired: Stateless Country of residence: Australia Status in country of residence: Residence Brother: [Brother B] Citizenship(s) & date acquired: Australian Country of residence: Australia Status in country of residence: Citizen[Details of other siblings] Citizenship(s) & date acquired: Stateless Country of residence: Iraq Status in country of residence: Stateless …At question 19 of part C of the Form 866, which states: ‘Your citizenship at birth’ you answered ‘Stateless’.At question 20 of part C of the Form 866, which states: ‘Your current citizenship (if different to at birth)’ you did not provide answer. Taking into account your answer at question 19, your answer to this question is therefore ‘Stateless’.At question 41 of part C of the Form 866, which states: ‘I am seeking protection in Australia so that I do not have to go back to (Give name of country of countries)’ you answered: ‘Please see statement included herewith’. In the statement which you referred to you stated: ‘I am afraid to return to Iraq’.At question 42 of part C of the Form 866, which states: ‘Why did you leave that country?’ you answered: ‘Please see statement included herewith’. In the statement which you referred to you stated:‘I have no country. I was born a Bidoon in Kuwait which means I am stateless.My father was captured by the Iraqi forces around late 1991. Although he served inthe Kuwaiti army since 1969 he was not protected by the Kuwaiti government whenhe was captured in late 1991. This was because he was a Bidoon and not entitledto any protection. It was then my family fled to Iraq, as we were too scared to stayin Kuwait without any protection.In Iraq my uncle was able to get my father released.In late 1994, like most Bidoons, we were rounded up by the Iraqi authorities andtaken to Umm Qasr - the Iraqi authorities wanted to get rid of us, they wantedKuwait to take us. Kuwait would not accept us. We were given limited food andwater. Eventually, in about November 1994 the United Nations intervened and wewere able to go back to our homes.Despite the UN's intervention, we were still not welcome in Iraq. We were stateless Bidoons and denied citizenship. I was unable to complete schooling past the [specified] grade.This worsened in Iraq for us in 1996. As an example I was kicked out of school inthe first half of the year just for being a Bidoon. Another example is the fact that wewere denied access to public healthcare. We were always singled out by the Iraqis.In 2003 when the Saddam regime was toppled, the Sunnis lost control of Iraq andconflict broke out between Shia and Sunni Muslims.Day by day, year by year the conflict intensified.In Iraq we lived in [Town 1], Nasiriyah city, Dhi Qar Governorate. This was a majority Shia area. In the whole of [Town 1] there were only about 30 Sunnis. In or around August 2003 our family started building a Sunni mosque for the Sunnis in the area.Alongside with assisting my father in the shop, I helped with the building of themosque whenever I could.The mosque was completed in the beginning of 2005 - we named it [name] Mosque. This was a Sunni Mosque where the local community would come and pray.During the period of 2005 and 2008 the sectarian violence between the Shiites andthe Sunnis intensified. This meant that my family and the surrounding Sunnifamilies were in danger. Being a Sunni family we did not wish to partake in thisviolence so my family decided to keep a low profile.My Cousin [Cousin A] was a very well-known member of the Sunni community and was actively involved in the teachings and the practising of the religion. It was for this reason [Cousin A] was killed in around August 2008. Whilst he was speaking to the people at the mosque a Shiite militia group attacked my cousin at the mosque and killed him with many bullets in his body.Following the death of [Cousin A], our family decided to close down the mosque asour family were very scared.It was on or around April 2009 we reopened our mosque after being closed foraround seven to eight months.In or around February 2010 the Mosque was taken over by the Shia militia and wewere unable to return. We were very scared and stayed in hiding to ensure wewere undetected by the militia that took over our Mosque.It was in or about April 2011 we felt the threat had calmed down so it was then Istarted going to the Sunni Mosque in the city to pray.On the morning of [a day in] May 2011, my mother had woken to a bullet, which had my name written on a bit of white paper and was sticky taped around the bullet.My mother and father were crying as they woke me up and explained what they hadfound. They feared my safety and immediately started enquiring with people in thecommunity about obtaining false travel documents for me to flee Iraq.I did not leave the house until my departure [in] October 2011. During this time Iwas in constant fear and worried that the Sunni Militia would kill me just like theykilled my cousin.I fled Iraq [in] October 2011 and arrived in Australia [in] November 2011.’Based on this information and meeting all other relevant criteria you were granted a class XA subclass 866 Protection visa on 27 August 2012, under the name [applicant’s name].EvidenceThe Department has information before it which states your parents are Iraqi citizens. By operation of Iraqi Nationality laws, you are also considered to be an Iraqi citizen.An identity assessment states that your sister, [Sister A], was an Iraqi citizen, and an Iraqi passport was issued to her [in] 2000. On the form 80 provided by her, [Sister A] stated her Iraqi citizenship was granted at birth. A wedding certificate provided by her also indicated that in support of her wedding, her father’s Iraqi passport was provided.Consideration regarding evidenceYour Protection visa was granted on the basis that you satisfied the Minister that you engaged Australia’s protection obligations under the Refugees Convention. Part of your claims were that you could not return to Iraq due to being stateless and being denied rights in Iraq based on this status. These claims were fundamental to the determination that you are a person to whom Australia has protection obligations.On 29 June 2012, an Independent Protection Assessment (IPA) recommended that you be recognised as a person to whom Australia has protection obligations. It was found that you had a well-founded fear of persecution in Iraq partly based on your status as a member of a particular social group, that being “Stateless persons in Iraq without protection”.Based on evidence available, it appears your father is an Iraqi citizen, and was so at the time of your Protection visa application. Through application of Article 4 on Iraqi Nationality (1963), you are deemed to be an Iraqi citizen through your father.Given the evidence as explained above, I consider you have not complied with section 101(b) of the Act. Taking into account that you are an Iraqi citizen, and not stateless as claimed, it appears that your claims provided on the Protection visa application in relation to your statelessness, is unsupported.Particulars of the Non-Compliance On the material presently before me, I consider that you have not complied with Section 101(b) of the Migration Act in relation to the following answers you provided in your Protection visa application:At question 19 of part C of the Form 866, which states: ‘Your citizenship at birth’ you answered ‘Stateless’. This is incorrect because you are an Iraqi citizen and were so at the time of your Protection visa application. Therefore your fears of persecution based on being stateless in Iraq are incorrect.At question 42 of part C of the Form 866, which states: ‘Why did you leave that country?’ you answered: ‘Please see statement included herewith’. … This statement is incorrect because you are an Iraqi citizen and were so at the time of your Protection visa application. Furthermore, departmental records indicate that you travelled to Iraq between [February] 2014 and [March] 2014, which also indicates that your fears of persecution based on being stateless in Iraq are incorrect.Consequently, I consider that you have not complied with sections 101(b) of the Act as it appears that you have provided incorrect answers to questions on the application form and in information provided in support of the application form. If you have failed to fill in your application form in such a way that no incorrect answers are given or provided your visa may be cancelled.Possible reassessment of non-refoulement obligationsThe response you provide to the information/observations made and put to you in this Notice may be used to re-assess Australia’s non-refoulement obligations in relation to you.Your response to the following additional information will also be considered:• I note that you returned to Iraq after the grant of your Protection visa. Your actions appear to be in contradiction with your claims that you would be persecuted if you that Australia does not have non-refoulement obligations in relation to you.• Information before the Department and noted above indicates that you may have provided incorrect information regarding your nationality. The fact that you appear to be a citizen of Iraq, rather than stateless as you previously claimed, may be considered as evidence that you misrepresented your situation in an attempt to gain a positive outcome on your Protection Visa application. Further, and in light of this, a finding may be made that Australia does not have non-refoulement obligations in relation to youResponse to the NOICC