1509786 (Refugee)

This matter concerned an application for a protection visa by a first-named applicant and other applicants who relied on his claims. The applicants sought review of a decision by the Administrative Appeals Tribunal. The first-named applicant claimed to have a well-founded fear of persecution for reasons of his actual or imputed political opinion and/or ethnicity, and a real risk of significant harm if removed to Libya. His claims were based on his past involvement with the Gaddafi regime, his membership in the Warshefana tribe, and the deteriorated security situation in Libya, particularly in the Warshefana region, which had led to renewed political activity and threats against him.

The primary legal issue before the Tribunal was whether the first-named applicant had established that he satisfied the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth). This required the Tribunal to determine if he had a well-founded fear of persecution for reasons of his political opinion or membership of a particular social group, and if there was a real chance of significant harm were he to be removed from Australia to Libya. The Tribunal was also required to consider the evidence presented regarding the applicant's past roles within the Gaddafi government, his tribal affiliations, and the current security environment in Libya.

The Tribunal concluded that the decision under review should be remitted for reconsideration. In reaching this conclusion, the Tribunal considered the applicant's evidence detailing his involvement as a Revolutionary Activities Coordinator and his membership in the People's Guard, roles undertaken due to his family's affiliation with the former regime and his tribal background. The Tribunal noted the applicant's assertion that he was now wanted by militias due to this past involvement and the general chaos and intensified militia activity in Libya, particularly affecting his tribe. The Tribunal found that, based on the evidence presented, the applicant satisfied section 36(2)(a) of the *Migration Act*.