1616594 (Refugee)

The applicant, a Shia Muslim from Bahrain, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution for reasons of political opinion or religion, or if Australia had protection obligations under complementary protection provisions. The matter was before the Tribunal.

The Tribunal was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, specifically whether he had a well-founded fear of persecution based on his political opinion and Shia religion. It also considered the complementary protection criterion under section 36(2)(aa), which applies if there are substantial grounds for believing that the applicant faces a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia.

The Tribunal considered the applicant's history of detention and alleged torture in Bahrain, his involvement in anti-government protests, and threats made against him by police. It also took into account the country information assessments provided by the Department of Foreign Affairs and Trade and policy guidelines from the Department of Immigration. The Tribunal found that the applicant had established a well-founded fear of persecution for reasons of his political opinion and religion, and therefore satisfied the criteria under section 36(2)(a).

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Migration Act.