1606113 (Refugee)

The applicant, who sought a protection visa, claimed to be fleeing threats of gang violence in El Salvador. The dispute centred on the applicant's credibility and whether, based on the accepted facts, he qualified for protection in Australia under either refugee or complementary protection grounds. The decision under review was made by the Tribunal.

The legal issues before the court were whether the applicant's evidence regarding the nature of the harm he faced was credible, and consequently, whether he met the criteria for a protection visa under section 36 of the Migration Act 1958. This involved assessing if he had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by the Refugee Convention, or if there were substantial grounds for believing he would suffer significant harm if returned to El Salvador under the complementary protection provisions.

The Tribunal Member, Luke Hardy, found that the applicant's evidence contained inconsistencies, particularly concerning his employment and the specific details of the threats he alleged. While acknowledging the general risk of gang violence in El Salvador, the Tribunal concluded that the applicant had not established a well-founded fear of persecution for a Convention reason, nor had he demonstrated a real risk of significant harm upon removal. The Tribunal noted that the applicant's family had relocated to a place with security, which undermined the claim of an inescapable threat. The Tribunal affirmed the decision not to grant the protection visa.