1514378 (Refugee)

This matter concerned an application for a protection visa by a non-citizen who had arrived in Australia in December 2011. The applicant's circumstances involved a strained marriage to a woman from an influential family in Jordan. Following marital discord, exacerbated by financial disagreements and cultural expectations, the applicant's wife returned to Jordan with their child. She subsequently returned to Australia in February 2015, intending to confront the applicant and seek revenge. The applicant's claim for protection was considered 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 relates to a well-founded fear of persecution, or alternatively, under section 36(2)(aa), which concerns complementary protection obligations due to a real risk of significant harm upon removal from Australia. The Tribunal was required to assess the applicant's fear of harm in Jordan, considering the nature of the threats and the availability of state protection.

The Tribunal considered the applicant's narrative, which detailed marital disputes, financial disagreements, and threats from his wife and her family, including accusations of besmirching their honour and threats of injury. The Tribunal noted that the applicant did not satisfy the criterion under section 36(2) of the Act, which pertains to a well-founded fear of persecution. Furthermore, the Tribunal found no suggestion that the applicant satisfied the criterion under section 36(2)(aa) as a member of the same family unit as a person who held a protection visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.