1620133 (Refugee)

The applicant, an ethnic Albanian from the Former Yugoslav Republic of Macedonia, sought a protection visa in Australia. He claimed to have worked for an Albanian organisation in Macedonia and alleged that he and his family had been threatened and attacked by extremists, with his house being shot at. He further stated that the organisation's building had been vandalised on multiple occasions due to fears that Albanians were taking over Macedonia. The applicant contended that he would be killed if returned to Macedonia because of his involvement with this organisation and his support for Albanian culture. The Tribunal was tasked with determining whether Australia had protection obligations towards the applicant under the Migration Act 1958 (Cth).

The central legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) of the Act, which relates to Australia's obligations under the 1951 Refugee Convention, or under section 36(2)(aa), concerning complementary protection. This required the Tribunal to assess whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether there was a real risk of significant harm if he were removed from Australia.

The Tribunal considered the applicant's claims in light of the criteria for a protection visa. It noted that the applicant did not claim to be a family member of someone who already held a protection visa. After reviewing the evidence and the applicant's submissions, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.