1611431 (Refugee)

This matter concerned an application for a protection visa by a Lebanese national and his wife. The applicant had resided in [Country 1] for approximately 40 years, having moved there as a child. He had spent a period of five years in Lebanon between 1971 and 1976, during which time he was kidnapped and tortured by Shia militia. The applicant claimed that he feared persecution if returned to Lebanon due to this past experience and the fact that he was Christian. The decision under review was made by the Refugee Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Act, which defines a refugee based on a well-founded fear of persecution, or alternatively, under section 36(2)(aa), which pertains to complementary protection based on a real risk of significant harm. The Tribunal was required to consider the applicant's past experiences in Lebanon, his current circumstances, and the country information relevant to Lebanon.

The Tribunal accepted that the applicant had been kidnapped and tortured by Shia militia in Lebanon in 1976, and that these individuals were precursors to Hezbollah. However, the Tribunal found that the applicant had not demonstrated a well-founded fear of persecution for the purposes of the refugee criterion, nor a real risk of significant harm for the purposes of the complementary protection criterion. This conclusion was based on the applicant's long residence in [Country 1], his multiple visits to Lebanon since the incident without experiencing harm, and the fact that he had family members residing in Lebanon without apparent issue. The Tribunal applied the principles outlined in sections 5H, 5J, 5K, and 5L of the Act regarding the definition of a refugee and well-founded fear, as well as sections 36(2)(aa), (2A), and (2B) concerning complementary protection and significant harm.

The Tribunal affirmed the decision under review, meaning the protection visa application was refused.