1603017 (Refugee)

The applicants, a mother and her daughter, sought protection visas, claiming to be Coptic Orthodox Christians from Egypt. They alleged a pattern of discrimination and harassment stemming from a property dispute with a former landowner, which they contended was religiously motivated and exacerbated by the political climate in Egypt following the 2011 uprising. The applicants asserted that they faced threats, intimidation, and legal accusations due to their religious identity, and that the Egyptian authorities were unable or unwilling to provide adequate protection.

The central legal issue before the Tribunal was whether the applicants had established claims for protection under the Migration Act 1958 (Cth), specifically whether they met the criterion in s.36(2)(a) of the Act, which requires the Minister to be satisfied that a person is a refugee or has a claim for complementary protection. This involved assessing the credibility of their claims of persecution based on religion and the availability of effective state protection within Egypt.

The Tribunal considered the applicants' detailed account of escalating harassment, including threats of violence, property disputes framed by religious animosity, and a baseless legal accusation. It also took into account policy guidelines and country information relevant to the determination of protection claims. The Tribunal found that the cumulative effect of the evidence presented demonstrated that the applicants had a well-founded fear of persecution and that the Egyptian state was unable to offer them effective protection against such persecution.

Consequently, the Tribunal was satisfied that the applicants met the criterion in s.36(2)(a) of the Migration Act. The matter was remitted for reconsideration with a direction that this criterion was satisfied.