1505867 (Refugee)

The applicant sought review by the Refugee Tribunal of a decision by the Department to refuse to grant him a protection visa. The applicant's claims for protection stemmed from an alleged relationship with a woman named Ms A, whose husband allegedly threatened to kill the applicant and his family. The applicant also claimed he feared harm from Malay people and that he would be forced to convert to Islam, which he stated he could not do. He further asserted that the authorities in his country could not protect him, as the police had indicated they were Islamic and could not assist.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). This required the Tribunal to assess the credibility and genuineness of the applicant's claims of fear of harm and the availability of protection in his home country. The Tribunal also considered the applicant's failure to attend an interview with the Department and the delay in lodging his protection visa application.

The Tribunal reasoned that the applicant's claims were vague and lacked sufficient detail and supporting evidence. It noted that the applicant had not provided substantiation for his claims, despite being invited to attend an interview. The Tribunal considered it reasonable to expect an applicant genuinely fearing harm to present their case with sufficient detail. Furthermore, the Tribunal observed that the applicant had lodged his application approximately two and a half years after arriving in Australia and after living unlawfully for over two years. Based on the applicant's migration history and the lack of credible and detailed evidence, the Tribunal found his claims were not credible or genuine.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criterion in section 36(2) of the *Migration Act 1958* (Cth).