1603095 (Refugee)

The applicant, an Iraqi national, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution in Iraq or, alternatively, whether there were substantial grounds for believing that removal from Australia would result in a real risk of significant harm. The matter was before the Tribunal for review.

The Tribunal was required to determine two primary issues: first, whether the applicant possessed a well-founded fear of persecution for one or more of the five prescribed reasons under section 5J(1) of the Migration Act 1958 (Cth); and second, if not, whether there were substantial grounds to believe that the applicant would suffer significant harm as a necessary and foreseeable consequence of being removed to Iraq, pursuant to section 36(2)(aa) of the Act.

The Tribunal considered the applicant's claims in light of Ministerial Direction No. 56, relevant policy guidelines, and country information. It accepted the applicant's evidence that he was an Iraqi national and that he did not have a right to enter and reside in any other country, thus not being excluded from Australia's protection obligations under section 36(3). The Tribunal found that the applicant did not satisfy the criterion under section 36(2) of the Act.

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