1501066 (Refugee)

The matter before the Tribunal concerned an application for a protection visa by the first named applicant, a national of Syria of Armenian ethnicity and Christian denomination, and her dependent child, the second named applicant. The first named applicant claimed to fear significant harm, including for her life and safety, due to her ethnicity and religion, should she be returned to Syria.

The primary legal issue before the Tribunal was whether the first named applicant met the complementary protection criterion under s.36(2)(aa) of the Migration Act 1958 (Cth). This criterion requires the Minister to be satisfied that there are substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant's removal from Australia to a receiving country, there is a real risk that the applicant will suffer significant harm. The definition of "significant harm" under s.36(2A) was also relevant, encompassing arbitrary deprivation of life, the death penalty, torture, or cruel, inhuman, or degrading treatment or punishment. The Tribunal also considered whether the second named applicant qualified for a protection visa as a dependent child.

The Tribunal found that the first named applicant satisfied the complementary protection criterion under s.36(2)(aa). It accepted evidence that she was a Syrian national of Armenian ethnicity and Christian faith, and that she feared significant harm upon return to Syria, including from Islamist extremists, due to these characteristics. The Tribunal also found that the second named applicant qualified as a dependent child and member of the same family unit as the first named applicant. Consequently, the Tribunal remitted the matter for reconsideration with directions that the first named applicant satisfies s.36(2)(aa) and the second named applicant satisfies s.36(2)(c)(i) of the Migration Act.