1617243 (Refugee)

The Administrative Appeals Tribunal considered the case of an Afghan national seeking a protection visa. The applicant arrived in Australia in July 2011 and his relationship sponsorship ceased in November 2011. Following criminal convictions in April 2015, he was taken into immigration detention, where he remains. He applied for a protection visa in May 2016, claiming fear of persecution in Afghanistan due to suspected rejection of Islam and his alleged conversion to Christianity, which he stated would lead to charges of apostasy.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of religion, or if he met the criteria for complementary protection. Specifically, the Tribunal had to assess the credibility of the applicant's claims, particularly his alleged conversion to Christianity, in light of evidence suggesting he continued to identify as Muslim while in detention. The Tribunal also had to consider the lateness of his protection visa application and inconsistencies with his previous claims about his reasons for not wishing to return to Afghanistan.

The Tribunal affirmed the delegate's decision not to grant the protection visa. It found that the applicant's claims of conversion to Christianity lacked credibility, noting his requests for Halal meals and prayer items, and his identification as Muslim on official paperwork. The Tribunal also considered that his attendance at Christian classes commenced only shortly before his visa application, and that his claims of past assault were supported by documents deemed not genuine. Furthermore, the Tribunal noted inconsistencies in his stated reasons for fearing return to Afghanistan, with an earlier interview mentioning his work with Western forces as a reason. The Tribunal gave little weight to his baptism and letters of support from ministers, given the other credibility issues. The Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.