1610753 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a protection visa. The applicant claimed to have been in a relationship with a woman, Ms. A, who became pregnant by him. Ms. A's family, who held influential positions in the Jordanian government, opposed the relationship and wished for her to marry within the family. Following Ms. A's pregnancy and subsequent departure to avoid harm, her family allegedly threatened the applicant's family, attacked his brother, and forced his father to sign an agreement permitting the applicant to be targeted for an honour killing. The applicant also presented evidence of a social media threat received in 2015, indicating his whereabouts were known.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) of the Migration Act 1958, which concerns a well-founded fear of persecution, or under section 36(2)(aa), which relates to complementary protection obligations due to a real risk of significant harm upon removal from Australia. The Tribunal was required to assess the applicant's credibility and the evidence presented in light of relevant policy guidelines and country information.

The Tribunal's reasoning focused on the applicant's failure to satisfy the criteria for a protection visa. While acknowledging the applicant's claims of threats from Ms. A's family, the Tribunal did not find that the applicant met the definition of a refugee under section 36(2)(a). Furthermore, the Tribunal determined that the applicant did not satisfy the complementary protection criterion under section 36(2)(aa). The decision noted that there was no suggestion the applicant qualified as a member of the same family unit as a person who satisfied the criteria for a protection visa.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.