1500084 (Refugee)

The applicant, an "ex-Gazan Palestinian" born in Jordan, sought protection in Australia. The dispute concerned his eligibility for a protection visa, with the primary issues being whether he was excluded by Article 1D of the Refugee Convention, whether he was stateless, and if so, what his country of former habitual residence was, and whether he met the refugee or complementary protection criteria when assessed against that country.

The Tribunal was required to determine if the applicant was excluded from the Convention by Article 1D. If not, it needed to ascertain if he was stateless, identify his country of former habitual residence, and then assess whether he met the refugee or complementary protection criteria in relation to that country. The Tribunal considered Ministerial Direction No. 56, relevant policy guidelines, and country information from the Department of Foreign Affairs and Trade.

The Tribunal found that protection from the UNCCP had ceased for the applicant's class of Palestinians, and that the Occupied Palestinian Territories did not meet the formal requirements of a state. It accepted that the applicant was stateless, as he was an ex-Gazan Palestinian with no residency entitlement in Jordan, and holding a Palestinian Authority passport prevented him from obtaining a Jordanian passport. Jordan was determined to be his country of former habitual residence and thus the country of reference for assessing his claims. The Tribunal accepted the applicant's evidence as credible, including his account of experiencing serious harm from Jordanian authorities due to his Palestinian race, and concluded that he had a well-founded fear of harm for a Convention reason.

Consequently, the Tribunal was satisfied that the applicant met the criterion set out in s.36(2)(a) of the Migration Act and remitted the matter for reconsideration with this direction.