1505482 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Immigration's decision to refuse the applicant, a citizen of Lebanon, a Protection visa under s.65 of the Migration Act 1958. The applicant claimed he was targeted by Hezbollah due to his assistance to Syrian refugees in Lebanon, fearing for his life if returned.

The court was required to determine whether the applicant met the criteria for a Protection visa, specifically whether he was a non-citizen in Australia in respect of whom the Minister was satisfied Australia had protection obligations under the 1951 Convention relating to the Status of Refugees, as amended by the 1967 Protocol. This involved assessing whether the applicant had a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and was therefore unable or unwilling to avail himself of the protection of Lebanon. The court also considered whether the applicant might meet complementary protection grounds if he could demonstrate a real risk of significant harm as a necessary and foreseeable consequence of removal.

The court found that the applicant's claims lacked credibility and were inconsistent. It noted that the applicant's descriptions of past experiences had improved in coherence and consistency over time, coinciding with improvements in his psychological functioning. However, the court ultimately concluded that the applicant had not satisfied the criteria for a Protection visa.

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