1420729 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the protection visa claims of two applicants who were citizens of Egypt. The applicants sought protection in Australia, asserting a well-founded fear of persecution based on their religion. The Tribunal was tasked with determining whether Australia owed protection obligations to the applicants under the *Migration Act 1958* (Cth) and the *Refugees Convention*.

The primary legal issue before the Tribunal was whether the applicants met the criteria for a protection visa, specifically under section 36(2)(a) of the *Migration Act 1958* (Cth), which relates to Australia's obligations under the Refugees Convention. This required the Tribunal to assess whether the applicants had a well-founded fear of persecution for reasons of religion, making them unable or unwilling to avail themselves of the protection of Egypt. The Tribunal also considered the country information regarding the treatment of Christians in Egypt, including the prevalence of sectarian violence, restrictions on religious practice, and the effectiveness of state protection.

The Tribunal's reasoning focused on the evidence presented concerning the situation of Coptic Christians in Egypt. It considered numerous reports detailing sectarian tensions, attacks on churches and individuals, and the challenges faced by Christians in obtaining legal recognition and protection. The Tribunal noted that while the Egyptian government had made some efforts to address religious freedom concerns, significant issues persisted, including a climate of impunity for perpetrators of sectarian violence and limitations on freedom of expression. Based on the comprehensive country information and the specific circumstances of the applicants, the Tribunal was satisfied that they met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth).

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicants satisfy the criterion set out in section 36(2)(a) of the *Migration Act 1958* (Cth).