1515605 (Refugee)

This matter concerned a protection visa application made by a Palestinian Jordanian national who entered Australia on a temporary visa that expired in August 2014. The applicant claimed he feared being killed by a tribe in Jordan due to an illicit relationship with a woman named Ms A, which he alleged would lead to him being tried by traditional tribal juries. He further claimed that upon his return to Jordan, his business was burnt down by relatives of Ms A not involved in an initial settlement, and he was subsequently shot, requiring stitches. He also asserted that he would face imprisonment in Jordan due to an inability to repay a business loan.

The legal issues before the court were whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) of the *Migration Act 1958* (Cth) concerning a well-founded fear of persecution, or alternatively, under section 36(2)(aa) regarding complementary protection due to a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia. The court was required to consider the applicant's claims in light of the evidence presented and relevant policy guidelines and country information.

The court affirmed the decision not to grant the applicant a protection visa. The Tribunal found that the applicant did not satisfy the criterion in section 36(2) of the Act. While the applicant's narrative involved threats and violence, the Tribunal's reasoning, as reflected in the decision, focused on the applicant's failure to establish a well-founded fear of persecution or a real risk of significant harm that would warrant the grant of a protection visa. The decision implicitly indicates that the applicant's claims, as presented and evidenced, did not meet the legal thresholds required for protection.