1508079 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of applicants seeking protection visas. The applicants claimed to be stateless Rohingya individuals who had fled persecution in [Country 1] and feared harm from Burmese authorities if returned to Burma. They asserted they were unable to obtain Burmese citizenship and had never been recognised as refugees in [Country 1], facing repeated arrests and extortion.

The primary legal issue before the Tribunal was whether the applicants met the criteria for a protection visa, specifically under section 36(2)(a) of the Migration Act 1958 (Cth) (the Act) concerning Australia's obligations under the Refugees Convention, or under the complementary protection criterion in section 36(2)(aa) of the Act. This required the Tribunal to assess the credibility of the applicants' claims regarding their statelessness, their Rohingya ethnicity, their fear of harm from Burmese authorities, and their inability to find protection in [Country 1].

The Tribunal found significant inconsistencies and a lack of clarity in the applicant's evidence regarding her personal history, parentage, and documentation. These credibility issues led the Tribunal to conclude that it was not satisfied that the applicants were persons in respect of whom Australia had protection obligations under either the refugee or complementary protection criteria. Consequently, the Tribunal affirmed the decision not to grant the protection visas.