1510238 (Refugee)

The applicant, a Coptic Orthodox Christian woman from Egypt, sought review of the Refugee Tribunal's decision to refuse her application for a protection visa. The applicant claimed she had been subjected to gender-based violence, including beatings, threats, and harassment, due to her religion and her gender, and that she would face further persecution if returned to Egypt. The Administrative Appeals Tribunal (AAT) had found her claims not to be credible.

The primary legal issue before the court was whether the Tribunal erred in its assessment of the applicant's credibility and, consequently, in its determination that she did not hold a well-founded fear of persecution for a Convention reason. Specifically, the court had to consider whether the Tribunal adequately addressed the applicant's claims of gender-based violence and whether it correctly applied the principles relating to the identification of a "particular social group" under the Refugee Convention, particularly in relation to women in Egypt facing gender-based violence.

The court found that the Tribunal had failed to properly consider the evidence relating to the applicant's claims of gender-based violence and had not adequately engaged with the expert evidence concerning the situation of Coptic Christian women in Egypt. The Tribunal's adverse credibility findings were found to be based on an incomplete and flawed assessment of the evidence. The court reiterated that a failure to adequately consider relevant evidence, particularly expert evidence, could lead to an erroneous conclusion regarding the well-foundedness of a fear of persecution.

The court set aside the decision of the Administrative Appeals Tribunal and remitted the matter to the Tribunal for redetermination in accordance with the law.