Tribunal: Member Alison Murphy

The Department of Home Affairs (the Department) cancelled the applicant’s Protection visa because it found that the applicant had provided incorrect information in her application for the visa.[1] The applicant applied to the AAT for a review of this decision.

In her Protection visa application, the applicant claimed to fear that her life was in danger in Malaysia because her parents did not agree with her choice of partner and that she would be physically and mentally tortured until death if she returned.

After the applicant had been granted the Protection visa, the Department became aware of information that the applicant’s parents had travelled to Australia and attended the applicant’s wedding. Based on this information, the Department concluded the applicant had provided incorrect information in her Protection visa application about her relationship with her parents and cancelled the visa.

Before the AAT, the applicant maintained her claims for Protection were entirely true. She claimed that her father had not been invited to the wedding and that he had attended in order to blackmail her.

The AAT held very serious concerns about the credibility of the applicant’s claims to fear serious harm from her father if she returned to Malaysia for multiple reasons. One main issue was the fact that the applicant initially gave evidence that none of her family members attended her wedding or were aware that she was married.

The AAT accepted that the applicant’s father initially opposed her relationship but found that her father never attacked, harassed or beat the applicant and that he no longer opposed the relationship.

The AAT concluded that the applicant provided incorrect information in her visa application and that the visa was granted on the basis of the information. After taking into account relevant considerations[2], the AAT found that the visa should be cancelled. The AAT affirmed the decision.

Read the full decision on AustLII.

 

[1] Section 101(b) of the Migration Act 1958.

[2] Cancellation in this context is discretionary. When considering whether to cancel the visa the AAT had regard to the prescribed circumstances in REG 2.41 of the Migration Regulations 1994.