1602738 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Immigration's decision to refuse the applicant a protection visa. The applicant, who had previously applied for a permanent residency visa and entered Australia on visitor visas, sought a protection visa on the basis that his life was in danger in Lebanon due to his past service in the Lebanese Armed Forces (LAF). He claimed to be targeted by ISIS and rebel groups, and that his family had also served in the LAF.

The legal issues before the court were whether the applicant had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, and whether Australia had protection obligations towards him under the complementary protection criterion. Specifically, the court had to determine if there were substantial grounds for believing that the applicant would suffer significant harm if removed from Australia, considering the provisions of sections 36(2)(a) and 36(2)(aa) of the Migration Act 1958, and relevant country information.

The Tribunal found that while the applicant may have exaggerated or embellished his fears in previous stages of the process, he presented a credible and truthful account of his experiences at the hearing. The Tribunal was prepared to rely on his evidence given at the review stage and did not draw adverse inferences from any inconsistencies with earlier statements. The Tribunal concluded that the applicant did not satisfy the criteria for a protection visa, and therefore affirmed the delegate's decision.

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