1501217 (Refugee)

This matter concerns an application for review of a delegate of the Minister for Immigration's decision to refuse the applicant, a Lebanese national and Sunni Muslim, a Protection visa under s.65 of the *Migration Act 1958*. The applicant arrived in Australia in May 2011 and applied for the visa in September 2014, claiming he fled Lebanon due to threats and danger to his life stemming from his participation in anti-Syrian regime and Hezbollah demonstrations in May 2008. He alleged he was detained, assaulted, and threatened by Hezbollah members at a checkpoint, and subsequently went into hiding, fearing harm if he returned to Lebanon due to being blacklisted and Hezbollah's influence.

The legal issues before the Tribunal were whether the applicant met the criteria for a Protection visa under s.36(2) of the Act. Specifically, the Tribunal was required to determine if the applicant was a non-citizen in respect of whom Australia had protection obligations under the 1951 Convention relating to the Status of Refugees (as amended by its 1967 Protocol), or if he met the complementary protection criterion due to a real risk of significant harm upon removal from Australia. The Tribunal also considered relevant policy guidelines and country information assessments.

The Tribunal's reasoning focused on assessing the applicant's credibility and the substance of his claims against the criteria for a Protection visa. The delegate had previously found the applicant not to be credible and to have fabricated his claims. The Tribunal affirmed the delegate's decision, concluding that the applicant did not satisfy the criterion in s.36(2) of the Act.

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