Ikram (Migration)

This matter concerned an appeal by the applicant, Mias Ikram Hossain (formerly Abm Quamruzzaman and MD Ikram Hossain), against the decision of the Minister to cancel his Subclass 186 Employer Nomination (Permanent) visa. The cancellation was based on allegations of incorrect information provided in his visa application, specifically concerning his previous names, visa history, and periods of overstay in Australia. The applicant had adopted a new identity due to threats and attacks he experienced as a member of a political party's student wing.

The primary legal issues before the Tribunal were whether the applicant had failed to comply with the requirements of the *Migration Act 1958* (Cth) by providing incorrect information in his visa application, and if so, whether the cancellation of his visa was warranted. The Tribunal was required to determine if the notice issued under section 107 of the Act adequately particularised the alleged non-compliance and whether the applicant's explanations and circumstances justified retaining the visa.

The Tribunal found that the applicant had indeed failed to comply with section 101(b) of the Act by providing incorrect answers regarding his name, previous visas, and overstay history. Despite the applicant's explanation that he adopted a new identity due to threats and attacks, and considering factors such as his lengthy residence in Australia, the best interests of his child, and his wife's pregnancy, the Tribunal concluded that the non-compliance was significant. The Tribunal affirmed the delegate's decision to cancel the visa.