1509054 (Refugee)

The applicant, an Algerian national, sought review of a decision not to grant him a protection visa. His claims for protection were based on fears of persecution by both military authorities and terrorist groups in Algeria, and more recently, on fears of targeting by Islamic extremists due to his atheism. The applicant had previously claimed he feared compulsory military service, which he believed would lead to his death or subsequent targeting by terrorists. However, his circumstances had changed, including a visit to Algeria where he married and obtained an exemption from military service.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth), specifically whether Australia had protection obligations towards him under the Refugee Convention. This required determining if he had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. The Tribunal also considered whether he was entitled to complementary protection.

The Tribunal affirmed the decision not to grant the visa. It found that the applicant's original claims regarding military service and subsequent targeting by terrorists were not substantiated with sufficient detail or evidence to establish a well-founded fear. Furthermore, the Tribunal considered his updated claim of fearing persecution due to his atheism. While acknowledging his stated lack of belief in Islam, the Tribunal found no evidence that he had publicly declared his atheism or that his non-belief was known in his local area in Algeria. Consequently, the Tribunal concluded that there was no real risk of serious harm to the applicant if he were returned to Algeria.

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