2217274 (Migration)

This matter concerned an application for review of a decision to cancel the applicant's Employer Nomination (Permanent) (Class EN) visa, Subclass 186. The applicant had previously been found not to be a refugee and had exhausted appeals in relation to a Protection Visa application. The cancellation decision was based on the applicant providing incorrect information in his visa application, including identity details and periods of unlawful residence.

The Tribunal was required to determine whether to affirm or set aside the cancellation decision. In doing so, it had to consider various factors, including the applicant's circumstances, potential consequences of cancellation, and Australia's international obligations. The Tribunal was also directed to consider the best interests of any minor children, although no such children were identified as being affected in this case.

The Tribunal acknowledged factors favouring the applicant, such as his contribution to the community and mental health issues, but also considered factors against him, including the provision of incorrect information. The Tribunal applied the principles from *MIAC v Khadgi* regarding relevant considerations in cancellation decisions and had regard to the Department's Procedural Advice Manual. It found that cancelling the visa would not result in consequential cancellations for other persons and would not breach Australia's obligations under the CRC or ICCPR. The Tribunal noted the applicant's previous unsuccessful claims for protection, his status as an Indian citizen, and the lack of contemporary evidence to support his claims of ongoing fear of persecution if returned to India.

The Tribunal affirmed the decision to cancel the applicant's visa.