1505496 (Refugee)

The Administrative Appeals Tribunal considered the protection visa applications of three Egyptian nationals. The applicants, who are members of the Coptic Orthodox Church, claimed they would face persecution if returned to Egypt. Their claims stemmed from allegations of blasphemy, preaching Christianity, kidnapping, and extortion, which they asserted were fabricated charges brought against the first applicant. They also raised concerns about the distress caused by a former migration agent and the impracticality of relocation within Egypt.

The Tribunal was required to determine whether the applicants met the criteria for a protection visa under the *Migration Act 1958* (Cth). Specifically, the court needed to assess whether the first applicant had a well-founded fear of persecution for a Convention reason, and if so, whether the Minister would be under an international obligation to grant her a protection visa. The Tribunal also considered the claims of the second and third applicants as members of the same family unit as the first applicant.

The Tribunal's reasoning focused on the evidence presented regarding the alleged persecution. It noted that the *Migration Act* requires an applicant to satisfy s.36(2)(a) to be granted a protection visa, which involves demonstrating a well-founded fear of persecution. The Tribunal found that the evidence did not sufficiently establish that the first applicant would face persecution for a Convention reason, particularly concerning the claims of blasphemy and preaching Christianity. The Tribunal also considered the impact of a former migration agent's conduct and the feasibility of internal relocation, but ultimately found these did not satisfy the threshold for protection.

The Tribunal remitted the matter for reconsideration with a direction that the applicants satisfy s.36(2)(a) of the *Migration Act*. This indicates that the initial assessment did not conclusively find that the applicants met the primary criteria for a protection visa, requiring further examination of their claims.