1610768 (Refugee)

The applicant, an Iraqi national, sought protection in Australia, claiming he feared persecution due to his past service in the Iraqi army and threats from ISIL (Da’esh). He alleged his house was bombed and his uncle assassinated by a militia group due to his family's association with the official army. The applicant also raised concerns about general sectarian conflict between Sunni and Shia Muslims in Iraq and a fear of Kurdish militias.

The central issue before the Tribunal was whether the applicant's claims for protection were credible. The Tribunal was required to assess the veracity of his account, considering the evidence presented and relevant country information regarding the security situation in Iraq, particularly in the Ninawa province and areas controlled by the Kurdistan Regional Government.

The Tribunal found the applicant's claims lacked credibility. It did not accept that he was born or lived in Mosul, served in the Iraqi army or an unofficial militant group, or was threatened by Da’esh. The Tribunal also rejected the claim that his house was bombed or that his uncle was assassinated by Kurdish Peshmerga militia. The Tribunal noted that the applicant's mother and sisters remained in Iraq without apparent male protection, which was inconsistent with his claims of severe insecurity. Furthermore, the Tribunal found no credible evidence to support his fear of harm due to Sunni/Shia conflict or from Kurdish militias.

Consequently, the Tribunal was not satisfied that there was a real chance the applicant would suffer serious harm for a Convention reason if returned to Iraq, nor that there were substantial grounds for believing he would suffer significant harm as a necessary and foreseeable consequence of removal. Accordingly, the Tribunal affirmed the decision not to grant the applicant a Protection visa.