202Grounds for determining appeal on facts

1. The Tribunal must allow an appeal against liability for deportation on the facts where,—

2. in the case of an appellant liable for deportation under section 155, the Tribunal is satisfied, on the balance of probabilities, that the resident visa or permanent resident visa was not granted as a result of an administrative error:
3. in the case of an appellant liable for deportation under section 156(1)(b), the Tribunal is satisfied, on the balance of probabilities, that the resident visa or permanent resident visa was not granted to the person in a false identity:
4. in the case of an appellant liable for deportation under section 158(1)(b)(i), the Tribunal is satisfied, on the balance of probabilities, that none of the information provided in relation to the person's application, or purported application, for a residence class visa or entry permission was fraudulent, forged, false, or misleading, and no relevant information was concealed:
5. in the case of an appellant liable for deportation under section 158(1)(b)(ii), the Tribunal is satisfied, on the balance of probabilities, that none of the information provided in relation to the person's, or any other person’s, application, or purported application, for a visa on the basis of which the residence class visa was granted was fraudulent, forged, false, or misleading, and no relevant information was concealed:
6. in the case of an appellant liable for deportation under section 159, the Tribunal is satisfied, on the balance of probabilities, that—
   1. the conditions of the resident visa were met; or
   2. the resident has not materially breached the conditions of his or her visa:
7. in the case of an appellant liable for deportation under section 160, the Tribunal is satisfied, on the balance of probabilities, that—
   1. the new information was not material to the applicant’s character as at the time the visa was granted; or
   2. the person would have been eligible for the grant of the visa under this Act or immigration instructions:
8. in the case of an appellant liable for deportation under section 162, the Tribunal is not satisfied that—
   1. the person's recognition as a refugee or a protected person may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information; or
   2. the matters dealt with in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able to be properly considered by a refugee and protection officer (or a refugee status officer under the former Act) for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information.

Notes

• Section 202(c): replaced, on 7 May 2015, by section 57 of the Immigration Amendment Act 2015 (2015 No 48).
• Section 202(ca): inserted, on 7 May 2015, by section 57 of the Immigration Amendment Act 2015 (2015 No 48).