1606188 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of an individual who claimed to be a Gazan-Palestinian born in Amman, Jordan, to a Palestinian father and Egyptian mother. The applicant asserted fears of harm due to his religion as a Sunni Muslim and his status as an ex-Gazan Palestinian residing in Jordan, as well as fears stemming from his estranged father-in-law. The Department had previously concluded the applicant was stateless, a finding contested by the Tribunal. The applicant's spouse, who declared herself a Jordanian citizen, also provided evidence supporting her Jordanian nationality.

The primary legal issue before the Tribunal was whether Australia owed protection obligations to the applicant. This involved determining the applicant's country of nationality for the purposes of sections 36(2)(a) and 36(2)(aa) of the Migration Act 1958 (Cth), and assessing the relevance of a certificate issued under section 438 of the Act to the applicant's protection claims. The Tribunal also had to consider the applicant's claims of real and strong differential prejudice suffered by ex-Gazans in Jordan and the viability of relocation.

The Tribunal reasoned that despite the applicant's conflicting statements regarding his citizenship, his own testimony and travel history, including travel on a Jordanian passport, supported the conclusion that his country of former habitual residence was Jordan. Consequently, the Tribunal found that for the purposes of the Act, the applicant's country of nationality was Jordan, even if temporary, and that he was not stateless. The Tribunal also found the section 438 certificate to be valid, but determined that the information to which it applied was not relevant to the applicant's protection claims, which were to be dealt with separately. The Tribunal noted that the applicant's spouse was a Jordanian citizen.

The Tribunal concluded that the matter should be remitted for reconsideration.