1614224 (Refugee)

The Administrative Appeals Tribunal considered the protection visa applications of two applicants from Kosovo. The dispute centred on the applicants' claims of fearing harm due to their association with the Serbian community, their Christian minority status in a Muslim-majority country, and a past relationship of a sibling with a member of a powerful organisation. The Tribunal was required to determine whether the applicants had established a real chance of suffering significant harm or persecution upon return to Kosovo, based on the evidence presented.

The Tribunal was tasked with assessing the credibility of the applicants' claims regarding past incidents of intimidation, verbal and physical attacks, and the alleged threat to the applicant's father. It also had to consider the fear of harm stemming from their religious affiliation as Catholics and their perceived association with Serbia, as well as the potential for harm due to their sibling's past relationship. The Tribunal needed to evaluate whether the evidence supported the existence of sectarian violence or a lack of state protection in Kosovo, and whether the applicants' fears were objectively well-founded.

In its reasoning, the Tribunal acknowledged the applicants' status as Catholic Albanians from Kosovo and their desire to continue religious observance. However, it found a lack of objective evidence to support the claims of serious harm based on religion or perceived pro-Serbian political opinion. The Tribunal gave little weight to the ransacking of the family home during the war, noting that other houses were similarly affected and there was no evidence of the applicants being specifically targeted. The Tribunal also considered the applicants' past business ties to Serbia and concluded that these associations, and any perception of being aligned with Serbia, had not led to harm for the family in the 15 years they lived in their home after the war. Furthermore, the Tribunal found that while the applicants' minority status and fears of radicalisation were noted, the evidence did not establish a real chance of serious harm from the wider Muslim community or fundamentalist groups. The Tribunal also considered the second applicant's documented depression but found it did not alter the assessment of risk.

Ultimately, the Tribunal affirmed the delegate's decision to refuse the protection visas. The Tribunal concluded that the applicants had not demonstrated a real chance of suffering significant harm or persecution upon return to Kosovo, based on the evidence and the legal principles applied.