1606344 (Refugee)

This matter concerned an application for a protection visa by a Lebanese national. The applicant claimed he feared persecution due to his political opinions and his lifestyle, including a desire to drink alcohol and attend parties. The Administrative Appeals Tribunal (Cth) was required to determine whether the applicant met the criteria for a protection visa under s 36 of the *Migration Act 1958* (Cth), specifically the refugee criterion (s 36(2)(a)) or the complementary protection criterion (s 36(2)(aa)).

The Tribunal considered the applicant's claims of being forced to give goods to extremists, being kidnapped, and facing threats. However, the Tribunal found significant inconsistencies between the applicant's written statement and his oral evidence regarding the events, his business operations, and his family's movements. The Tribunal also examined the applicant's assertion that he feared harm for his lifestyle choices, noting that there was no persuasive evidence that individuals who consumed alcohol in Tripoli were targeted. Furthermore, the Tribunal found that any concerns about general instability in Lebanon were faced by the population generally and not by the applicant personally, and therefore did not meet the threshold for individual persecution.

Applying the principles of s 5J of the *Migration Act 1958* (Cth), the Tribunal concluded that the applicant did not have a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. The Tribunal was not satisfied that there were substantial grounds for believing that the applicant would suffer significant harm, including torture or cruel, inhuman, or degrading treatment, as a necessary and foreseeable consequence of removal to Lebanon. The Tribunal also considered the applicant's mental health claims but found no persuasive evidence that these would expose him to a real risk of serious or significant harm.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under s 36(2)(a) or s 36(2)(aa) of the *Migration Act 1958* (Cth).