1606818 (Refugee)

The applicant, a Coptic Christian woman from Egypt, sought a protection visa, claiming she faced persecution due to her religion. The dispute centred on whether she met the criteria for a protection visa, including the refugee criterion and, alternatively, complementary protection. The decision was made by Damian Creedon, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant satisfied the refugee criterion under section 36(2)(a) of the Migration Act 1958 (Cth), and if not, whether she was entitled to complementary protection under section 36(2)(aa) of the Act. The Tribunal was required to consider the applicant's claims of discrimination and threats in Egypt, including specific incidents of harassment, property damage, and physical assault, all allegedly motivated by her Coptic Christian faith and her status as a single woman.

The Tribunal reasoned that the applicant had established that she was a person in respect of whom Australia had protection obligations under section 36(2)(a). This conclusion was based on the cumulative effect of her claims, which indicated a pattern of persecution and threats in Egypt, particularly after the fall of Hosni Mubarak and the subsequent rise of the Muslim Brotherhood. The Tribunal noted that the applicant had experienced discrimination throughout her life but that the situation had worsened, leading to specific incidents of violence and threats directed at her as a single Coptic Christian woman. The Tribunal also considered the applicant's fear of future harm and her inability to relocate within Egypt due to her religious identity.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Migration Act.