1513556 (Refugee)

The applicant, a person of Kurdish ethnicity, sought a protection visa in Australia. The dispute concerned whether the applicant had a well-founded fear of persecution or faced significant harm if returned to Turkey, based on his political activities and ethnicity. The decision was made by Rodger Shanahan, a member of the Tribunal.

The court was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, specifically whether he had a well-founded fear of persecution for reasons of race, ethnicity, or political opinion. Additionally, the court had to consider whether the applicant met the complementary protection criterion under section 36(2)(aa), which requires a real risk of significant harm as a necessary and foreseeable consequence of removal to Turkey.

The Tribunal considered the applicant's claims of past mistreatment by Turkish police, including physical abuse and threats, stemming from his participation in pro-Kurdish protests and membership in the BDP. The Tribunal also took into account relevant policy guidelines and country information assessments. However, the Tribunal found that the applicant did not satisfy the criterion for a protection visa, nor did he satisfy the complementary protection criterion. The Tribunal affirmed the decision not to grant the applicant a protection visa.