Askari (Migration)

The Administrative Appeals Tribunal (Cth) considered an appeal by the applicant against the decision to cancel his Subclass 155 (Five Year Resident Return) visa. The cancellation was based on the ground that the applicant had provided incorrect information in a previous visa application, specifically concerning his identity, the name he was known by, and his entitlement to lawfully reside in Pakistan, which impacted his claim for protection from Afghanistan.

The Tribunal was required to determine whether the applicant had failed to comply with section 101(b) of the *Migration Act 1958* (Cth) by providing incorrect answers in his visa application. It also had to consider whether the delegate had properly engaged the cancellation power under section 109 of the Act, including the issuance of a valid notice under section 107 detailing the alleged non-compliance. The Tribunal further had to consider whether, having found non-compliance, the visa should be cancelled.

The Tribunal found that the delegate had reached the necessary state of mind to engage section 107 and that the notice issued complied with statutory requirements. It was satisfied that the applicant had not complied with section 101(b) as he had provided incorrect information regarding his identity and his family's lawful residence in Pakistan, which meant he would not have been deported to Afghanistan and therefore did not require protection. The Tribunal affirmed the decision to cancel the visa, concluding that the non-compliance was established and, having regard to all relevant circumstances, the visa should be cancelled.