1421199 (Refugee)

This matter concerns an application for review of a delegate of the Minister for Immigration's decision to refuse the applicant a Protection visa. The applicant, a citizen of Jordan, arrived in Australia in March 2008 and has since made several unsuccessful applications for various visas, including a spouse visa, and has had his claims for domestic violence considered. His current application for a Protection visa is based on his alleged bisexuality and a fear of persecution in Jordan due to his sexual orientation.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a Protection visa as defined by section 36 of the Migration Act 1958 and Schedule 2 of the Migration Regulations 1994. This involved determining if the applicant qualified as a refugee under Article 1A(2) of the 1951 Convention relating to the Status of Refugees, as amended by its 1967 Protocol, or if he met the complementary protection criterion under section 36(2)(aa) of the Act, which requires a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia.

The Tribunal considered the applicant's claims regarding his sexual experiences and his fear of persecution in Jordan. However, the delegate had not found the applicant to be a credible witness and did not accept his claims of bisexuality or a real chance of persecution or significant harm upon return to Jordan. The Tribunal's analysis focused on whether the applicant satisfied either the refugee criterion or the complementary protection criterion. Ultimately, the Tribunal found that the applicant did not satisfy the criteria for a Protection visa, nor was there any suggestion he met the criteria as a family member of a person who did.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Protection visa.