1609946 (Refugee)

The applicant, an Egyptian national identifying as a Coptic Christian, sought a protection visa. The dispute concerned whether the applicant would face persecution or serious harm if returned to Egypt, based on his religious beliefs and his son's involvement in a church event that discussed controversial issues, including conversion from Islam to Christianity. The applicant claimed this event was leaked onto the internet, leading to subsequent threats and harassment. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the court was whether the Tribunal erred in its assessment of the risk of serious harm to the applicant upon return to Egypt. Specifically, the court considered whether the Tribunal correctly determined that the applicant would not suffer serious harm by reason of his religion or his son's activities, and whether it erred in its assessment of the applicant's economic circumstances and health issues in Egypt. The court also had to consider the jurisdictional issue arising from the death of the first applicant.

The court found that while the Tribunal accepted the applicant would be subject to social discrimination, it did not err in concluding this did not amount to serious harm. However, the court determined that the Tribunal had erred in its assessment of the applicant's economic circumstances and health issues. It found that the applicant, as an elderly person with limited financial resources and significant health issues, would likely suffer serious harm by reason of his failure to subsist in Egypt, given the state of healthcare there. The court also noted that it had no jurisdiction to make orders concerning the first applicant, who had since passed away.

Consequently, the court remitted the decision under review to the Administrative Appeals Tribunal for redetermination according to law.