1511885 (Refugee)

This matter concerned an application for a protection visa by a national of Egypt. The applicant claimed he could not return to Egypt due to the persecution faced by a relative affiliated with a political group, fearing that investigations into his relative would extend to his family, including himself, and result in torture. The applicant also alleged his employer threatened to report forged documents to the Department of Immigration after he refused to return to his previous country of employment. The decision was made by Member Mila Foster of the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for the grant of a protection visa, specifically whether he satisfied the refugee criterion under s.36(2)(a) of the Act, or alternatively, the complementary protection criterion under s.36(2)(aa). This involved assessing the applicant's claims of persecution and the risk of significant harm upon return to Egypt, considering relevant country information and policy guidelines. A key consideration was whether any identified risk was faced by the population generally or by the applicant personally, as per s.36(2B)(c).

The Tribunal considered the applicant's claims and evidence, including statements made in his application, to the Department, and at a hearing. It also had regard to Ministerial Direction No. 56, policy guidelines, and country information assessments from the Department of Foreign Affairs and Trade. The Tribunal concluded that the applicant did not satisfy the criterion in s.36(2). The Tribunal affirmed the decision not to grant the applicant a protection visa.