1502451 (Refugee)

This matter concerned an application for protection visas by a first-named applicant and other applicants. The applicant claimed to have fled Egypt in July 2007 due to discrimination and persecution based on his Christian faith. He alleged that his non-accredited Christian high school prevented him from pursuing higher education in Egypt, and that he experienced abuse and violence from Muslim peers and extremists. He also feared for his wife's safety and the general instability in Egypt, including the potential for civil war and attacks on Christians. The applicant further contended that Egyptian authorities would not protect him from harm and that he might be mistaken for Jewish, leading to further persecution.

The primary legal issue before the Tribunal was whether the applicant and the other applicants met the criteria for a protection visa under the *Migration Act 1958* (Cth), specifically whether Australia had protection obligations towards them. This required the Tribunal to assess the applicant's claims of persecution and fear of harm in Egypt, and whether the Egyptian authorities were unable or unwilling to protect him. The Tribunal was required to consider relevant policy guidelines and country information in making its determination.

The Tribunal was not satisfied that any of the applicants were persons in respect of whom Australia had protection obligations. Consequently, the Tribunal found that the applicants did not satisfy the criteria set out in s.36(2)(a) or (aa) of the *Migration Act 1958* (Cth) for a protection visa. As a result, they were also unable to satisfy the criteria under s.36(2)(b) or (c). The Tribunal affirmed the decision not to grant the applicants protection visas.