1512629 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Immigration's decision to refuse the applicant, a national of Lebanon and a Maronite Christian, a protection visa. The applicant claimed she feared returning to Lebanon due to threats from her ex-husband's family, who she believed would kill her because of their divorce. She also asserted that authorities would be unable to assist her and that she could not relocate within Lebanon due to cultural and economic reasons, and that she might face harm from Islamic State in certain areas due to her religion.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or under section 36(2)(aa) as a person in respect of whom Australia has complementary protection obligations due to a real risk of significant harm. The Tribunal was required to determine if the applicant's fears were well-founded and for reasons specified in the Act, and whether there were substantial grounds to believe she would suffer significant harm upon removal from Australia.

The Tribunal affirmed the delegate's decision, concluding that the evidence presented by the applicant was insufficient to satisfy the statutory elements for a protection visa. The Tribunal noted that a mere claim of fear does not establish its genuineness or that it is well-founded, and that the applicant bears the onus of providing sufficient detail to establish the relevant facts. The Tribunal found a lack of current information regarding the applicant's circumstances, her continued fear of harm, and whether such fear was for a reason specified in section 5J(1)(a) of the Act, or if she would be denied state protection for such reasons. The applicant's subsequent refusal to attend a scheduled hearing, despite initial confirmation, led the Tribunal to make its decision based on the information at hand, pursuant to section 426A of the Act.