Mohammadi (Migration)

The Administrative Appeals Tribunal reviewed a decision by a delegate of the Minister for Home Affairs to cancel Mr Mustaq Mohammadi's Subclass 117 (Orphan Relative) visa. The cancellation was based on the delegate's dissatisfaction with Mr Mohammadi's identity, pursuant to section 116(1AA) of the *Migration Act 1958* (Cth). Mr Mohammadi, a 28-year-old Afghan national, had previously applied for various visas under different names, including his younger brother's name, Hamed Mohammadi, before being granted the Subclass 117 visa in 2015.

The primary legal issue before the Tribunal was whether the ground for cancellation, namely the Minister's dissatisfaction with the visa holder's identity, was established. This involved assessing whether Mr Mohammadi had, in fact, adopted the identity of his younger brother, Hamed Mohammadi, in earlier visa applications, thereby misleading the Department. The delegate's decision was informed by a facial image comparison report which indicated a possibility that three photos, submitted at different times and under different identities, depicted the same person.

The Tribunal considered the facial image comparison report, noting its qualified nature and the different levels of confidence in its findings. A subsequent analysis of different photographic evidence was unable to form an opinion due to the poor quality of the images. The Tribunal also heard evidence from Mr Mohammadi, his wife, his older brother, and friends. Ultimately, the Tribunal concluded that the ground for cancellation under s 116(1AA) was not made out. The Tribunal set aside the delegate's decision to cancel Mr Mohammadi's visa.