1610750 (Refugee)

This matter concerned an application for a protection visa by a Libyan national. The applicant claimed that he feared persecution if returned to Libya due to the ongoing conflict and the presence of gangs, particularly those from Misrata, who had targeted his town and family. He also alluded to a low-level association with the former Ghaddafi regime through his military service and family connections, suggesting this might also place him at risk. The Administrative Appeals Tribunal (AAT) affirmed the decision not to grant the visa.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which requires a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Alternatively, the court considered whether the applicant met the complementary protection criterion under section 36(2)(aa), which requires substantial grounds for believing that, as a necessary and foreseeable consequence of removal, there is a real risk of suffering significant harm.

The Tribunal's decision was based on a lack of credible evidence to support the applicant's claims. Specifically, the Tribunal noted inconsistencies and a failure to produce original documentation, such as death certificates, which undermined the applicant's credibility. While the applicant presented a detailed account of violence and threats against his family and town, the Tribunal found that he had not established a well-founded fear of persecution for any of the prescribed reasons, nor had he demonstrated a real risk of significant harm upon return to Libya. The Tribunal concluded that the applicant did not satisfy the criteria for the grant of a protection visa.