1509152 (Refugee)

The applicant, a Turkish national, sought a protection visa, claiming he feared persecution or significant harm in Turkey due to his Alevi Kurd identity and his political affiliations with a pro-Kurdish party. He alleged past experiences of abduction, assault, and threats by Turkish police, and expressed concern that authorities would not protect him. The applicant also contended that recent political unrest in Turkey and the influx of Syrian refugees had exacerbated the risks faced by Alevi Kurds.

The core legal issue before the Tribunal was whether there were substantial grounds for believing that the applicant would suffer significant harm if returned to Turkey, as contemplated by section 36(2)(aa) of the Migration Act 1958 (Cth). This required the Tribunal to assess the credibility of the applicant's claims and determine if the risk of harm was real and a necessary and foreseeable consequence of his removal.

The Tribunal found the applicant's evidence to be vague, changeable, and lacking in detail and corroboration. It noted that the applicant frequently stated he could not recall details when inconsistencies arose or when clarification was sought. The Tribunal formed the view that the applicant's account of his circumstances was selective and appeared to be tailored to bolster his protection claims, with instances of misconstruing or exaggerating his situation. Furthermore, the applicant showed little engagement in providing supporting evidence, such as the testimony of his brother-in-law or documentation of his claimed political activities. Consequently, the Tribunal was not satisfied that there were substantial grounds for believing that the applicant would suffer significant harm upon his return to Turkey.