1600816 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse the applicant, a national of Lebanon, a protection visa. The applicant had applied for the visa after travelling to Australia in April 2015, having previously been employed by the Internal Security Forces (ISF) in Lebanon. The applicant claimed to fear persecution from groups such as ISIS and other extremists due to his role in the ISF, which involved engaging in combat with such groups.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). This involved determining if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if he faced a real risk of significant harm as a consequence of being removed from Australia. The court also considered the applicant's status as having been absent without leave from the ISF and the potential consequences of his return to Lebanon.

The court affirmed the delegate's decision, finding that the applicant did not satisfy the criteria for a protection visa. While accepting the applicant's voluntary employment with the ISF and his subsequent absence without leave, the court noted that the ISF considered him a "fugitive." Evidence from the Department of Foreign Affairs and Trade indicated that such individuals would face imprisonment upon return to Lebanon, with the Military Judicial Law prescribing a prison term for fugitives. Crucially, the court found that the applicant would be detained in a Military Tribunal's detention centre, which would provide protection from the extremist groups he claimed to fear. Therefore, the court concluded that the applicant would not face persecution or significant harm in a manner that would engage Australia's protection obligations.