1608209 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse the applicant, an Israeli citizen, a Protection visa. The applicant claimed he feared persecution in Israel due to his race, his atheism in a predominantly religious country, and general unsafety, including harassment by neighbours, right-wing activists, and authorities. He alleged specific incidents of harm, including his neighbours digging holes outside his house and blocking his door, and his family's property being burned by racist activists, with no adequate response from the police.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, specifically race or absence of religion, and whether Australia had protection obligations towards him under the Migration Act 1958. This involved assessing the credibility of the applicant's claims, considering the evidence presented, and evaluating the country information regarding Israel. The Tribunal also considered claims under complementary protection.

The Tribunal found multiple concerns with the applicant's account, noting inconsistencies and a lack of concrete evidence to support his claims of persecution. While acknowledging media reports of racial violence and discrimination in Israel, the Tribunal found no country information suggesting racial targeting of individuals of the applicant's background or a general failure of authorities to respond to concerns. The Tribunal considered that media reports cited by the applicant, which indicated arrests and charges in racially motivated attacks, undermined his assertion that Israeli authorities do not act. Furthermore, the Tribunal noted that the applicant's own evidence suggested that police and council inspectors had responded to his complaints on most occasions. The Tribunal was not satisfied that the applicant had fabricated his claims for the purpose of obtaining a protection visa.

Ultimately, the Tribunal was not satisfied that there was a real chance the applicant would suffer serious harm amounting to persecution for a Convention reason upon return to Israel. Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a Protection visa.