1612805 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the protection visa application of a Lebanese national who had not visited his country of origin since his departure. The applicant claimed to fear persecution upon return to Lebanon. The Tribunal also heard evidence from two witnesses from Jehovah's Witnesses.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958. This required determining if the applicant was a refugee, defined by a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if he qualified for complementary protection due to a real risk of significant harm upon removal. The Tribunal also had to assess the applicant's credibility, particularly concerning his claimed religious beliefs and his exposure to Lebanese culture.

The Tribunal found that the applicant had not established a well-founded fear of persecution. It noted concerns about his lack of candour regarding his family's contacts in Lebanon and his exaggerated lack of cultural exposure. Crucially, the Tribunal found that the applicant had been opportunistic in claiming to be a Jehovah's Witness, having previously identified as Christian and having no genuine adherence to Christian faith. The Tribunal concluded that the applicant did not satisfy the refugee criterion under section 36(2)(a) and, by extension, did not meet the criteria for a protection visa.

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