DARYAB (Migration)

The Administrative Appeals Tribunal considered a dispute concerning the cancellation of a Subclass 202 (Global Special Humanitarian) visa granted to the first applicant. The cancellation was based on allegations of the applicant providing incorrect information in their visa application, specifically regarding their name, date of birth, place of birth, and country of citizenship. The Tribunal's jurisdiction was limited to the first applicant, as it had no authority concerning the other applicant.

The primary legal issue before the Tribunal was whether the decision to cancel the applicant's visa should be affirmed. This required the Tribunal to determine if the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) (the Act) as notified by the Department, and if so, whether the discretion to cancel the visa should be exercised. The Tribunal also implicitly considered the implications of the visa being granted based on potentially misleading information and the applicant's circumstances, including non-refoulement obligations, significant hardship, and family ties in Australia.

In its reasoning, the Tribunal found that there had been non-compliance by the applicant in the manner described in the notice issued under section 107 of the Act. After considering all relevant circumstances, including the potential for the applicant to have deliberately attempted to mislead the Department, the Tribunal concluded that the visa should be cancelled. The Tribunal affirmed the decision to cancel the first applicant's Subclass 202 visa.