1511272 (Refugee)

The applicant, who claimed to be a gay Muslim from Jordan, sought a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution or faced a real risk of significant harm if returned to Jordan. The matter was before the Administrative Appeals Tribunal (AAT).

The Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of his religion or membership of a particular social group, namely being homosexual. Additionally, the Tribunal had to consider whether the applicant faced a real risk of significant harm as a consequence of being removed from Australia, pursuant to the complementary protection criterion.

The Tribunal's reasoning focused on the applicant's credibility and the evidence presented. It noted inconsistencies in the applicant's account regarding a stolen phone and the purchase of a replacement, as well as a lack of evidence to substantiate his claims about his relationship and attendance at an event. The Tribunal found that the applicant had not provided sufficient evidence to establish a well-founded fear of persecution or a real risk of significant harm. The Tribunal also considered the policy guidelines and country information as mandated by Ministerial Direction No. 56.

The Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the relevant criteria.