1420577 (Refugee)

This matter concerned an application for a protection visa by an Egyptian national, who identified as a Coptic Christian. The applicant claimed to have suffered discrimination and persecution in Egypt due to his religion, including incidents of bullying at school, a false accusation of carrying a weapon by police, and a lack of adequate state protection. The applicant also argued that he could not safely relocate within Egypt, specifically to Cairo, as the risk of harm remained, and he intended to visit his family in his home region.

The central legal issue before the Tribunal was whether Australia owed protection obligations to the applicant under the Refugees Convention. This required the Tribunal to determine if the applicant had a well-founded fear of persecution for reasons of his membership in a particular social group (Coptic Christians) and whether the Egyptian state could provide adequate protection against such persecution. The Tribunal also had to consider the viability of internal relocation as a means of avoiding persecution.

The Tribunal reasoned that based on the applicant's evidence and available country information, there was a failure by the Egyptian government to prevent, investigate, or prosecute crimes targeting religious minorities, fostering a climate of impunity. It found that adequate state protection would not be available to the applicant in his home region of Upper Egypt. Furthermore, the Tribunal concluded that relocation to Cairo was not a viable option, as the risk of harm, while potentially lower, was not remote, and the applicant's intended regular visits to his home region meant he could still be subjected to persecution. Consequently, the Tribunal found that the applicant faced a well-founded fear of persecution throughout Egypt.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfied section 36(2)(a) of the Migration Act, indicating that Australia had protection obligations towards him.