1506667 (Refugee)

This matter concerned an appeal against a decision of the Federal Court concerning an application for a further protection visa. The applicant, who was from Albania, claimed to be a member of a particular social group, specifically persons involved in a blood feud stemming from political or religious differences. However, the Tribunal found that there were no current threats against the applicant and that their claims were not supported by available country information, leading to conflicting evidence.

The primary legal issue before the court was whether Australia owed protection obligations to the applicant under the Migration Act 1958 (Cth) and the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. This involved determining if the applicant met the criteria for being a refugee under Article 1A(2) of the Convention, or alternatively, if they qualified for complementary protection under section 36(2)(aa) of the Act due to a real risk of significant harm upon removal from Australia.

The Tribunal considered the applicant's claims in light of the relevant legislative provisions and Ministerial Directions, including the Refugee and humanitarian - Complementary Protection Guidelines and Refugee Law Guidelines. It also took into account country information assessments prepared by the Department of Foreign Affairs and Trade. After reviewing the evidence, the Tribunal concluded that the applicant had not established a well-founded fear of persecution for a Convention reason, nor had they demonstrated substantial grounds for believing that removal would result in significant harm. The Tribunal affirmed the decision under review.