1512625 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the protection visa application of a Lebanese national. The applicant claimed he feared forced recruitment by militia groups in Lebanon, specifically to fight with Jabhat al-Nusra and Islamic State. He alleged that upon refusing to join, he faced intimidation, his car was attacked, and a shot was fired at him. The applicant also presented evidence regarding his place of residence and property ownership in Lebanon, which was questioned by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) of the Migration Act 1958, which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Alternatively, the Tribunal considered whether the applicant met the complementary protection criterion under section 36(2)(aa), which requires substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, there is a real risk of suffering significant harm.

The Tribunal affirmed the decision not to grant the protection visa. While acknowledging the applicant's claims of fear and intimidation, the Tribunal found that the applicant did not satisfy the criterion under section 36(2). The decision does not elaborate on the specific reasons for this finding, nor does it detail whether the complementary protection criterion was considered and rejected. The Tribunal's decision was made in accordance with Ministerial Direction No. 56, taking into account relevant policy guidelines and country information.