1610190 (Refugee)

This matter concerned an application for a protection visa by a man from Afghanistan. The applicant claimed to have converted to Christianity, which led to threats in his home village and subsequently in [Country 1], prompting his travel to Australia. Previous decisions by a delegate and the Tribunal had found the applicant not to be a credible witness and had not accepted his claims of conversion, concluding he would not face persecution upon return to Afghanistan and therefore did not meet the criteria for a protection visa, including complementary protection.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth), which requires the applicant to be a non-citizen in respect of whom Australia has protection obligations under the Refugees Convention. This involved determining whether the applicant held a well-founded fear of persecution for a Convention reason, specifically religion. The Tribunal also considered the complementary protection criterion under section 36(2)(aa), which applies if there is a real risk of significant harm upon removal from Australia.

The Tribunal considered extensive new evidence, including detailed submissions, country information, and testimony from various witnesses regarding the genuineness of the applicant's Christian faith. While acknowledging the previous concerns about the applicant's credibility, the Tribunal found that the additional information and witness evidence provided a more comprehensive understanding of the applicant's beliefs. After hearing from the applicant and witnesses, and reviewing the updated country information, the Tribunal was satisfied that the applicant was a person in respect of whom Australia had protection obligations under the Refugees Convention.

Consequently, the Tribunal found that the applicant satisfied the criterion set out in section 36(2)(a) of the Migration Act. The Tribunal remitted the matter for reconsideration with a direction that the applicant meets this criterion.