1514087 (Refugee)

The applicant, a Libyan national, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to fear persecution in Libya due to an imputed political opinion and his religious beliefs, alleging he was perceived as a supporter of the former Gaddafi regime and an atheist due to his science-based academic work.

The Federal Circuit Court was required to determine whether the applicant had established a well-founded fear of persecution for reasons of imputed political opinion or religion, and whether he would be owed protection under the *Migration Act 1958* (Cth). The court also considered whether internal relocation within Libya would be a viable option for the applicant.

In his reasoning, Judge Huntly considered the applicant's past involvement with the Gaddafi regime's Revolutionary Committees and his academic pursuits, which allegedly led to conflict with Islamic extremists. The court noted evidence of a significant decline in domestic security in Libya, including the attack on the applicant's family home and assaults on family members. The judge found that the applicant's fear of persecution was well-founded and that there was no real possibility of effective protection being available from the Libyan state, nor was internal relocation a safe or reasonable option.

The court set aside the Minister's decision and remitted the matter to the Department of Home Affairs for a decision to be made in accordance with the law.