1600799 (Refugee)

The applicant, a national of Sudan, sought a protection visa, claiming a well-founded fear of persecution and a real risk of significant harm if returned to Sudan. The dispute centred on whether the applicant met the criteria for a protection visa under the Migration Act 1958 (Cth), specifically concerning claims of persecution based on political opinion and membership in the National Umma Party, as well as fears of torture and discrimination. The decision was made by Christine Cody, a Member of the Tribunal.

The Tribunal was required to determine whether the applicant had established a well-founded fear of persecution for reasons of political opinion, or whether there were substantial grounds for believing that, upon removal to Sudan, there was a real risk of significant harm. This involved assessing the applicant's credibility, the veracity of his claims regarding his political affiliations and the persecution faced by his family, and whether any claimed fear was for a reason specified in the Act. The Tribunal also considered the definition of "significant harm" and the potential for effective protection measures in Sudan.

In its reasoning, the Tribunal applied the principles outlined in sections 5J and 36 of the Migration Act 1958 (Cth), which define a "well-founded fear of persecution" and "significant harm." The Tribunal expressed serious concerns about the applicant's inconsistent and seemingly not credible evidence, particularly his decision to return to Sudan after initially travelling to Australia. The Tribunal noted that the onus was on the applicant to provide sufficient detail to establish his claims, and that it was not required to make the case for him or accept allegations uncritically, referencing established case law on the applicant's burden of proof. The Tribunal also considered relevant policy guidelines and country information.

Ultimately, the Tribunal affirmed the delegate's decision to refuse to grant the applicant a protection visa, finding that the applicant had not satisfied the Tribunal that he had a well-founded fear of persecution or that there were substantial grounds for believing he would suffer significant harm upon removal to Sudan.