1605185 (Refugee)

The applicant sought a protection visa, claiming he feared persecution in Albania due to his membership and involvement with the Albanian Democratic Party (DPA). He alleged he had been threatened and assaulted, and that he would not receive protection from the Albanian government. The decision under review was made by the Tribunal.

The legal issues before the court were whether the applicant had a well-founded fear of persecution for a Convention reason, specifically political opinion, and whether Australia had protection obligations towards him under the Refugees Convention or complementary protection grounds. This involved assessing the applicant's credibility, the veracity of his claims of political persecution, and the general safety and protection available to individuals in Albania, particularly those associated with the DPA.

The Tribunal Member, Lilly Mojsin, accepted that the applicant was a member of the DPA and had suffered an injury in late 2013 or early 2014, followed by threats at his home. However, the Tribunal Member found the applicant was not a witness of truth, primarily because his account of vote counting during the 2013 elections was inconsistent with independent evidence, including the Albanian Electoral Code and OSCE reports. The Tribunal Member relied on these independent sources to conclude that vote counting occurred at designated centres, not polling stations as the applicant claimed, thus undermining his narrative of a confrontation with a Socialist Party member. Consequently, the Tribunal Member did not accept that the applicant was attacked or threatened for his political opinion, nor that the Socialist Party sought to harm him. The Tribunal Member also found no independent evidence to suggest that members of the DPA or similar organisations were persecuted by the Albanian government, and noted that the applicant had travelled to Albania twice after alleged threats, indicating a lack of subjective fear.

Accordingly, the Tribunal affirmed the decision not to grant the applicant a Protection visa, finding that he had not suffered Convention-related harm in the past and did not face a real chance of significant harm upon return to Albania.