1615354 (Refugee)

This case concerned an application for a protection visa by an individual from Turkey. The applicant claimed he feared persecution on the grounds of his Alevi religious faith, his political opinion, and his status as a conscientious objector to compulsory military service. The Tribunal was required to determine whether Australia had protection obligations towards the applicant under the Refugees Convention or complementary protection grounds.

The central legal issues before the Tribunal were whether the applicant met the definition of a refugee under Article 1A(2) of the Refugees Convention, or alternatively, qualified for complementary protection. Specifically, the Tribunal had to assess if the applicant had a well-founded fear of persecution for reasons of his religion (Alevi faith), political opinion, or if he was a conscientious objector. The Tribunal also considered whether any potential harm he might face in Turkey constituted "serious harm" as required for complementary protection.

The Tribunal found that the applicant was not a genuine conscientious objector, noting his engagement with Turkish military authorities for deferments and his voluntary returns to Turkey. However, the Tribunal accepted that the applicant held a genuine fear of serious harm in the Turkish military due to his Alevi faith and imputed political opinion. This conclusion was based on extensive country information detailing the historical and ongoing discrimination and mistreatment of Alevis in Turkey, particularly within the military, and the heightened risks following the 2016 coup attempt. The Tribunal found that the feared persecution was systematic, deliberate, and discriminatory, and that the applicant's fear was well-founded.

Consequently, the Tribunal was satisfied that the applicant was a person in respect of whom Australia had protection obligations under the Refugees Convention, thus meeting the criterion set out in s.36(2)(a) of the Migration Act. The matter was remitted for reconsideration with a direction that the applicant satisfies this criterion.